How to tear the seal without authorization?

Tearing up the seal of an administrative organ without authorization is an act of obstructing law enforcement. If it does not constitute a crime, it shall be given administrative penalties for public security; if it constitutes a crime, it shall be investigated for criminal responsibility according to law.

People's Republic of China (PRC) Public Security Administration Punishment Law

Article 60 Whoever commits one of the following acts shall be detained for not less than five days but not more than ten days, and shall be fined not less than 200 yuan but not more than 500 yuan:

(1) Concealing, transferring, selling off or damaging the property sealed up, detained or frozen by the administrative law enforcement organs according to law;

(two) forgery, concealment, destruction of evidence or providing false testimony, false case, affecting the administrative law enforcement organs to handle cases according to law;

(3) Concealing, transferring or selling on behalf of others knowing that it is stolen goods;

(4) A criminal who is under legal control, deprived of political rights, given a suspended sentence, or temporarily executed outside prison, or a person who is subject to criminal compulsory measures according to law, commits an act that violates laws, administrative regulations or the supervision and management regulations of the relevant departments of the State Council.

Criminal law of the people's Republic of China

Article 314 The crime of illegally disposing of sealed-up, seized or frozen property conceals, transfers, sells off or intentionally damages the property that has been sealed up, seized or frozen by judicial organs. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.

Two, seizure, seizure of property, how to keep

The person subjected to execution may designate the person subjected to execution to be responsible for keeping the seized property. If the continued use of the seized property has no significant impact on its value, the person subjected to execution may be allowed to continue to use it. The losses caused by the fault of the person subjected to execution in custody or use shall be borne by the person subjected to execution.

The people's court may keep the sealed property by itself or entrust other units or individuals to keep it. The custodian shall not use the seized property.

If the sealed-up or distrained property is not suitable for the custody of the people's court, the people's court may designate the person subjected to execution to be responsible for the custody; If it is not suitable for the custody of the person subjected to execution, it may entrust a third person or apply for the custody of the person subjected to execution.

To seal up, detain or freeze the secured property possessed by the holder of the security right, the holder of the security right shall generally be designated as the custodian; Where the property is kept by the people's court, the pledge and lien shall not be extinguished due to the transfer of possession.

Sticking a seal is actually a legal act of "sealing up".

Includes the following meanings:

1, implemented by the national political and legal organs. In China, the court is the main civil enforcement organ;

2. Civil enforcement includes sealing up and putting the contents of effective legal documents into practice, so as to realize the rights of creditors;

3. Civil enforcement such as seizure needs to be applied by creditors;

4. Civil execution such as seizure is a compulsory act of the executive organ to use public power;

5. Civil execution such as seizure is the procedure to realize the established private rights.

How to unseal:

In any of the following circumstances, the court shall make a "ruling" to lift the seizure.

1. The person applying for attachment withdraws the application for attachment or gives up the creditor's rights;

2. The debt has been paid off;

3. The sealed property cannot be sold, and the applicant and the creditor do not agree to pay off the debts with the sealed property;

4. The owner of the seized property provides a guarantee and the applicant agrees;

5. Seize the property of outsiders;

6. The court considers that there are other circumstances that should be terminated.

The seal is a sign that the national law enforcement department seals the articles that should be sealed according to law. It's illegal to open it without permission.

Only the department stamped with this seal has the right to unseal it. If other units or individuals have objections to the seizure, they may apply to the relevant departments for reconsideration, but they may not directly unseal it.

Legal consequences of unsealing without authorization

Wang Mojin, an outsider in the case, was dissatisfied with the court's execution of the seizure and tore up the court seal without authorization, which hindered the smooth implementation of the court. A few days ago, the People's Court of xiuying district, Haikou City decided to give judicial custody 15 to Wang Mojin, an outsider who maliciously obstructed execution, effectively safeguarding legal dignity and judicial authority.

On 20 14, Cai Moshan and a construction engineering company in Hainan mortgaged two properties located in Jiaxing Garden, Haijiao Road, xiuying district, Haikou City, to Yu Mouqing, with a loan of 700,000 yuan, with a monthly interest rate of 2%, and handled a notarial deed of creditor's rights with enforceable effect. After Cai Moshan and a construction engineering company in Hainan were unable to repay the loan, Yu Mouqing applied to Xiuying Court for enforcement. The court seized the above two properties according to law and prepared to evaluate the auction.

Wang Mojin, an outsider in the case, raised an execution objection to the seizure of one of the houses, saying that he bought Room C1KLOC-0/Jiaxing Garden, Haijiao Road, xiuying district, Haikou City from a construction engineering company in Hainan in 2004 and lived there for a long time. Wang Mojin believed that the court's seizure violated his property rights and filed a lawsuit of execution objection with Xiuying Court. After the first trial of Xiuying Court and the second trial of Haikou Intermediate People's Court, it was considered that the application executor had obtained the mortgage right of the above-mentioned property in good faith and enjoyed the priority of compensation, and rejected the execution objection of the outsider according to law.

After the objection procedure of the outsider ended, the judge in charge of the case requested to continue to start the evaluation auction procedure, replace the door lock of the sealed house and affix a seal. On the afternoon of October 30th, this year/kloc-0, the judge in charge of the case received a phone call from the property manager, claiming that Wang Moujin tore up the seal without authorization, pried open the lock and replaced it, and piled the building materials into the house. The judge in charge immediately led the team to the scene and found that Wang Moujin had left. He telephoned Wang Moujin and asked him to return to cooperate with the court investigation.

An hour later, Wang Moujin returned and was brought back to court by the court police who stayed at the scene. After finding out that Wang Mojin tore up the seal and used the sealed house, Xiuying Court made a decision to detain Wang Mojin 15 on the spot and sent him to the detention center for custody.

The judge in charge reminded that the seal of the court is a concrete manifestation of the implementation of national laws and symbolizes judicial authority. Unauthorized tearing of acts that hinder the execution of official duties can be detained and fined according to law. The Criminal Law stipulates that anyone who conceals, transfers, sells or intentionally damages property that has been sealed up, detained or frozen by judicial organs, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.

Legal basis:

People's Republic of China (PRC) Public Security Administration Punishment Law (revised 20 12)

Article 60 Whoever commits one of the following acts shall be detained for not less than five days but not more than ten days, and shall be fined not less than 200 yuan but not more than 500 yuan:

(1) Concealing, transferring, selling off or damaging the property sealed up, detained or frozen by the administrative law enforcement organs according to law;

(two) forgery, concealment, destruction of evidence or providing false testimony, false case, affecting the administrative law enforcement organs to handle cases according to law;

(3) Concealing, transferring or selling on behalf of others knowing that it is stolen goods;

(4) A criminal who is under legal control, deprived of political rights, given a suspended sentence, or temporarily executed outside prison, or a person who is subject to criminal compulsory measures according to law, commits an act that violates laws, administrative regulations or the supervision and management regulations of the relevant departments of the State Council.

Criminal law of the people's Republic of China

Article 314 The crime of illegally disposing of sealed-up, seized or frozen property conceals, transfers, sells off or intentionally damages the property that has been sealed up, seized or frozen by judicial organs. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.