What responsibilities should the person subject to enforcement bear for intentionally damaging the auctioned property?

1. Detention and fines

Article 114 of the *Civil Procedure Law*: Where a participant in litigation or any other person engages in any of the following acts, the People's Court may impose a fine or detention based on the severity of the circumstances; if a crime is constituted, criminal liability shall be pursued according to law: ... (3) concealing, transferring, selling, or damaging property that has been sealed, seized, or impounded, or property that has been inventoried and entrusted for safekeeping, or transferring frozen property; ...  

Article 118: The fine for individuals shall not exceed RMB 100,000, and for organizations, it shall be between RMB 50,000 and RMB 1 million. The detention period shall not exceed 15 days.  

If an enforcement subject intentionally damages a property that has been judicially auctioned, resulting in the failure to complete the handover smoothly, such conduct constitutes a violation of compulsory enforcement. The buyer may apply to the People's Court to impose a fine or detention on the enforcement subject in accordance with the above provisions.  

In the case of (2020) Shaanxi 01 Judicial Penalty No. 1, the enforcement subject was aware that its property had been auctioned but intentionally damaged the property during the handover process, rendering it unusable for the bidder to reside. This obstructed the normal execution order of the People's Court, leading to a fine of RMB 60,000 imposed on the enforcement subject.
When the person subject to enforcement disagrees with the penalty decision, they may apply for reconsideration, but the enforcement of the penalty decision shall not be suspended during the reconsideration period.
2. Criminal Liability
Article 275 of the Criminal Law stipulates that the intentional destruction of public or private property, involving a relatively large amount or other serious circumstances, shall be punishable by imprisonment of up to three years, criminal detention, or a fine. The intentional destruction of public or private property, involving an exceptionally large amount or other particularly serious circumstances, shall be punishable by imprisonment from three to seven years.  

Article 313 of the Criminal Law stipulates that the crime of refusing to execute judgments or rulings refers to the refusal to comply with court judgments or rulings despite having the ability to do so, under serious circumstances, punishable by imprisonment of up to three years, criminal detention, or a fine; under particularly serious circumstances, punishable by imprisonment from three to seven years, along with a fine.
In the case of (2020) Gan 0983 Criminal No. 357, "Defendant Lan某某 intentionally transferred or destroyed property that had been sealed by the court and executed, making the judgment and ruling unenforceable, with serious circumstances. His actions constituted the crime of refusing to execute judgments and rulings, and the criminal facts alleged by the prosecution were clear, with the charges established." In the case of (2019) Yue 12 Criminal Appeal No. 253, "Due to dissatisfaction with the judicial auction of a property, the defendant used tools to damage the house, causing losses of 24,335.37 yuan. After being apprehended, the court, based on the criminal facts and evidence, determined that his actions constituted the crime of intentional destruction of property.".

The act of the person subject to enforcement intentionally damaging a property that has been judicially auctioned often not only infringes upon the property rights of the buyer but also disrupts the normal enforcement activities of the People's Court. Such actions typically violate two criminal charges: intentional damage to property under the Criminal Law and refusal to execute judgments or rulings. This constitutes a concurrent offense, and the court will impose punishment based on the more severe charge in accordance with regulations.

3. Civil Liability
If the debtor intentionally damages a house that has already been auctioned off, the buyer may also file a lawsuit for property damage compensation with the people's court.
In the case of Yue Zhi Fu No. 142 (2020), the court held that "after the judicial auction is completed, the executed person should deliver the auctioned property in their possession to the buyer. When delivering, they should follow the general transaction habits of real estate and deliver it in good faith and integrity. For property that is not controlled by the executed court, independent of the auctioned property, and does not damage the property when transferred, the executed person can dispose of it; but for other property such as doors, windows, ceilings, ceilings, sockets, etc. that are fixed to the auctioned property, unless the auction announcement declares that the auction is excluded, the executed person should be transferred to the buyer together with the auctioned property. If the executed person damages the auctioned property, the people's court can take corresponding sanctions against the executed person according to the severity of the circumstances, and the buyer can... People can claim compensation for damages from the executed party through legal channels such as civil litigation
Regarding how to determine the specific amount of losses, the buyer can apply for judicial appraisal of the value of the losses caused by human damage to the house involved in the lawsuit, and then demand the debtor to pay compensation for the damage to the house, rent, and other expenses based on the judicial appraisal opinion. For similar cases, please refer to Civil Judgment No. (2019) Yue 02 Min Zhong 868. In practice, if the debtor maliciously damages a house, some courts may directly commission a third-party appraisal agency to assess the value of the damaged part of the house and deduct the corresponding amount from the remaining auction price to compensate for the buyer's losses. At the same time as making a judicial detention penalty decision on the executed person in accordance with the law, some courts will organize both parties to negotiate the amount of compensation for losses under the supervision of the judge.

Lawyer Zhou Hang graduated from Shanghai Jiao Tong University and holds qualifications in securities, funds, and banking. Over the past few years, Lawyer Zhou Hang has always adhered to the principle of putting client interests first, providing legal services and advice to many corporate clients. Lawyer Zhou Hang is particularly skilled in representing due diligence and recovery and disposal of non-performing assets. He has participated in and hosted multiple non-performing asset disposal and merger and acquisition projects. Lawyer Zhou Hang has extensive litigation experience in the field of civil and commercial dispute resolution, particularly in areas such as financial loans, guarantees, leasing, company related disputes, and enforcement.

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