Source: Beijing News
Author: Ocean
After being sentenced to nearly 700,000 yuan (RMB, the same, S $ 130,000) in the second instance, Jiang Qiulian and Liu Xin (currently named: Liu Nuanxi) had come to an end.On the evening of January 2nd, Liu Xin published an article on the Sina Weibo platform Liu Xin and finally wrote: "Since the court judged this way, I can only carry it. If someone is willing to help me, I thank you, I will take a note of a note, I will take a note of a note.I hope to have the opportunity to repay. "Subsequently, some netizens expressed support through appreciation.
"This is an illegal fundraising" "She has no money, her parents have money" ... Liu Xin's behavior caused heated discussions on the Internet.The topic of "Liu Xin initiated online fundraising for nearly 700,000 compensation" has been searched on Weibo on the evening of January 3.On January 4, Liu Xin's Weibo has been permanently banned.
Is Liu Xin's behavior suspected illegal fund -raising?What consequences of Liu Xin need to be unable to pay compensation?In response, the reporter interviewed Ai Xingli, a doctor of law and a partner of Beijing Jingshi Law Firm.
Is Liu Xin's behavior suspected illegal fundraising?
On the evening of January 3, Liu Xin posted a Weibo, saying that the article reward had been closed and received a total of 25,600 yuan."Good funds must be used well. Each point I will use to pay the court's compensation. Please take a screenshot of the good people to save your good record. When I pay back the court's compensation, I will return in a pen."
In social media, some netizens pointed out that Liu Xin's behavior belongs to illegal fund -raising and received a lot of recognition.
Ai Xingli told reporters that although most people are difficult to accept from most morally, this small individual for help fundraising is still a legal gray area, which cannot be illegally funded.
"illegal fund -raising crime needs to meet the four characteristics of illegality, openness, seduction, and social nature. At the same time, the criminal law of the People's Republic of China also requires a large amount.It is difficult to meet the large amount of amount. However, the public can strengthen supervision. If the victim does not use donations in accordance with the use of the use of the use, it may be fraud, and seriously may constitute a crime of fraud. "
Can the court execute Liu Xin's parents' assets?
Some netizens pointed out that Liu Xin's house is valuable and can be sold for compensation.Liu Xin said in a Weibo article released that his parents should not be the same.
If Liu Xin has no ability to repay, can the court execute their parents' assets?Ai Xingli said that Liu Xin is a person who has a fulfilling capabilities and needs to be liable for compensation for his infringement.If Liu Xin is unable to compensate, the court cannot directly execute his parents' property."But if there is evidence to prove that Liu Xin can be transferred to the parents maliciously to the parents, it can execute the relevant property through legal procedures."
What will have the consequences of Liu Xin's unable to pay compensation?
According to Liu Xin's situation, some netizens worry that nearly 700,000 compensation will eventually be "gone."
What are the laws that are unable to pay compensation?Ai Xingli said that if Liu Xin was unable to execute the verdict, the court found that the debtor did not have no property available for execution. He could only suspend the execution first. After the property available for execution was found in the future, the implementation was resumed.
However, if Liu Xin deliberately concealed property resistance, the court could include it on the list of people who was dishonested and the person who was executed for credit punishment."If it belongs to the ability to fulfill and refuses to perform, in addition to being included in the person who is not credible. For the act of resisting the execution, the general circumstances can be fined or detained; if the circumstances are serious"
Ai Xingli also proposed that in the case of difficulty in paying, the original defendant could negotiate the repayment amount and repay method. If the two parties negotiated the same, they could reach a settlement agreement."But as far as this case is concerned, the case that should have ended because Liu Xin recruited a wave of funds, which was a harm to the plaintiff itself.
The reporter noticed that on January 3, the plaintiff Jiang Qiulian released Weibo, saying that Liu Xin was banned by Weibo for many times, and registered a new account again and continued to release the facts of the facts of the case.Singing mother.Please handle the Weibo administrator and close Liu Xin's Weibo account.
On January 4th, the topic of "Liu Nuanxi's Weibo permanent prohibition" appeared on Weibo hot search.The personal page of its Sina Weibo account shows that "the user is permanently banned due to the violation of the community convention."
