[Direct answer]In the Beijing area, this may constitute a crime, depending on whether the person has the ability to perform the obligation and the seriousness of the circumstances. According to Article 313 of the Criminal Law of the People's Republic of China (amended in 2023) and relevant judicial interpretations, if the person subject to enforcement has the ability to perform but refuses to do so, and the circumstances are serious, including hiding, transferring, intentionally damaging property, transferring property without compensation, transferring property at a significantly unreasonable low price, etc., which result in the judgment or ruling being unable to be enforced, they may be guilty of refusing to enforce judgments and rulings. Creditors can provide clues to the enforcement court and apply for investigation and transfer for prosecution; at the same time, they can exercise the creditor's right of rescission according to Articles 538 and 539 of the Civil Code of the People's Republic of China (implemented on January 1, 2021) to request the rescission of acts of gratuitous disposition or transfer of property at a significantly unreasonable low price, and may claim corresponding responsibilities from the entities assisting in the transfer.

I. Problem Background and Typical Scenarios

The debtors' methods of transferring property are becoming increasingly covert, such as transferring real estate to relatives' names, selling vehicles at obviously low prices, transferring funds through affiliated companies, and fabricating debts to participate in the distribution. These actions can lead to the failure of enforcement, and creditors are often both angry and at a loss as to what to do. When handling enforcement cases in the Beijing area, the court will judge whether the debtors' actions constitute evading enforcement based on the time of property changes, the reasonableness of the consideration, and the subjective intent of the debtors.

II. Key points of contention

There are four points that need to be clarified: Firstly, whether the transfer occurred during the litigation or enforcement period, and whether it targeted a confirmed debt; Secondly, whether there was a reasonable consideration, and whether the transferee was aware of it; Thirdly, whether the circumstances are serious enough to pursue criminal responsibility; Fourthly, how to use civil remedies such as the right of revocation, the right of subrogation, and enforcement supplementation in coordination with each other. Overall, criminal and civil remedies can be used in parallel to form a combined protection mechanism.

III. Professional analysis by Henglue Law Firm

When handling property transfer-related enforcement cases, Henglue Lawyers typically adopt a three-pronged approach. First, evidence collection and investigation: Through enforcement procedures, they inquire into real estate, vehicles, equity, and bank and online fund transaction records, with a focus on verifying abnormal transfers and low-price transactions before and after the debt was formed. Second, civil remedies: They exercise the right of revocation against acts of gratuitous transfer or transfer of property at a significantly unreasonable low price, and exercise the right of subrogation against debtors who fail to exercise their due claims. If the transferee acted in bad faith, they may claim corresponding liability. If the circumstances meet legal requirements, they apply to add the debtor as an additional party to the enforcement. Third, criminal prosecution: For those who have the ability to perform but hide or transfer their assets to evade enforcement, if the circumstances are serious, they provide clues to the enforcement court and apply for transfer to the public security organ, or file a lawsuit in accordance with the law. At the same time, they may apply to be included in the credit blacklist, subject to restrictions on high-consumption and travel abroad, to form comprehensive pressure. It should be noted that rights such as the right of revocation are subject to statutory time limits, and action should be taken as soon as possible after the transfer is discovered. Criminal prosecution requires that the circumstances be serious and the evidence be specific and complete.

IV. Practical suggestions and legal basis

Action suggestions: First, verify the debtor's property changes and abnormal transactions as soon as possible; Second, exercise the right of revocation and subrogation within the statutory time limit; Third, submit property clues to the enforcement court and apply for investigation, additional attachment, or transfer; Fourth, simultaneously adopt measures such as inclusion in the dishonesty list and restriction of consumption. For matters involving enforcement and debt recovery, you may refer to the relevant provisions of the Civil Procedure Law and the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law.Creditor's rights and debts, and enforcement; For the investigation of criminal responsibility, you can refer to the following materials for reference.Criminal defense and criminal case filingLegal basis: Article 313 of the Criminal Law of the People's Republic of China (amended in 2023), Articles 538 and 539 of the Civil Code of the People's Republic of China (effective as of January 1, 2021), and the relevant provisions on enforcement measures of the Civil Procedure Law of the People's Republic of China (amended in 2023, effective as of January 1, 2024). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, transferring property does not necessarily constitute the crime of refusing to execute a judgment, and it must reach a serious level. Secondly, the right of revocation has a time limit, and it should be exercised as soon as possible after discovery. Thirdly, if the transferee knows that the property is transferred for free or at a low price, the property obtained by him/her may be recovered. Fourthly, it is better to use both criminal and civil means to achieve better results, and one should not take only one path. For problems involving difficulties in enforcement, one can seek help through legal means such as applying for enforcement of the judgment or initiating a civil action against the debtor.Creditor's rights and debts, and enforcementThe service is supported, and you can refer to it when handling difficult and complex casesSpecial servicesColumn.

VI. Frequently Asked Questions

Q1: Does hiding and transferring property constitute the crime of refusing to execute a court judgment?

It may constitute a crime, but it requires meeting such conditions as having the ability to execute the judgment, refusing to execute it, and the circumstances being serious. If the debtor hides, transfers, or intentionally damages the property, or transfers the property at a clearly unreasonably low price without compensation, which results in the judgment being impossible to execute, the debtor may be prosecuted for refusing to execute the judgment or ruling. Whether a conviction can be obtained will be determined by the judicial authorities based on the evidence, and the creditor should actively provide clues.

Q2: How can one detect that the other party is transferring their assets?

You can query the change records of real estate, vehicles, equity, and bank accounts by running a program, with a focus on the transfer and low-price transactions before and after the formation of debts; pay attention to the transactions between the other party's affiliated companies and their relatives' accounts; and apply for investigation, evidence collection, or audits of suspicious transactions. You can also collect clues through public information and daily observations and submit them to the court in a timely manner.

Q3: How to exercise the creditor's right of revocation?

If the debtor disposes of property without compensation or transfers property at a clearly unreasonably low price, thereby affecting the realization of the creditor's rights, the creditor may request the court to revoke such act. The creditor shall exercise the right within the statutory time limit from the date on which the creditor knows or should have known the grounds for revocation, and the maximum period shall not exceed that prescribed by law. When exercising the right, the creditor may also request the return of the property or compensation in the form of a discounted price.

Q4: Are the people who help others transfer their property responsible for it?

They may bear corresponding responsibilities. If the transferee knows that the debtor is indebted but still transfers the property to him/her at no cost or at a price that is obviously unreasonably low, the transfer may be revoked, and the transferred property shall be returned; if the circumstances are serious, other legal responsibilities may also be involved. The creditor should collect evidence of the transferee's knowledge and the transaction price.

Q5: Can criminal prosecution and asset confiscation be carried out simultaneously?

They can proceed in parallel. In civil cases, property can be recovered through rights of revocation, subrogation, and enforcement of additional execution; in criminal cases, responsibility for refusing to execute can be investigated through the transfer of cases by the court or prosecution. The two approaches are not mutually exclusive. It is recommended to advance them simultaneously under the coordination of lawyers, paying attention to the statutory time limits and evidence requirements of each procedure, so as to improve the overall effectiveness.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →\nLegal services for creditor-debtor disputes·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.