Intensify punishments for evading and resisting execution in accordance with the law

The Supreme Law issued eight typical cases

　　□ Our reporter Zhang Chen

　　The Supreme People's Court today released a batch of typical cases of disciplinary evasion and resistance to enforcement in accordance with the law.

According to reports, the 8 typical cases released this time intensively show the people’s courts’ experience and practices of being proactive and implementing policies in response to cases when faced with evasion and confrontation of enforcement. It reflects the flexible use of enforcement officers to exert pressure on the person subject to enforcement in a variety of ways. Execution wisdom.

Priority implementation of cases involving wages of migrant workers

　　The issue of wage arrears concerns the vital interests of workers and the harmony and stability of society.

Among the eight typical cases released this time, the labor dispute enforcement case between Gong et al. and a catering company in Zhuhai is prioritized for implementation and priority for migrant workers' wages, which has a certain demonstrative significance for migrant workers' wage enforcement cases.

　　A catering company in Zhuhai City, Guangdong Province terminated its labor relationship with all employees on the grounds of being affected by the epidemic, and only paid 1,000 yuan of living expenses to the employees.

Later, the court judged that the company should pay a total of 2.3 million yuan in wages and economic compensation to 48 employees including Gong, and 48 employees including Gong applied to the People’s Court of Xiangzhou District, Zhuhai City, Guangdong Province for compulsory execution.

During the execution process, the Xiangzhou District Court of Zhuhai City found that the legal representative of the person subject to execution had changed during the proceedings of the case and was suspected of evading debts.

The Xiangzhou District Court of Zhuhai City, through an on-site investigation, summoned Li, the general manager of the person to be executed, and Wan, the chief financial officer, to accept the investigation and found that Li was the main person in charge of the person to be executed.

Afterwards, the enforcement officer again ordered the person to be enforced to declare the property truthfully, but Li said that he had truthfully declared to the court and had no property to perform his obligations.

According to the on-site investigation and verification by the enforcement officers, the company subject to enforcement is not incapable of performance.

Because the person subject to execution refused to fulfill his obligations and did not declare the property truthfully, the court decided to detain Li, the principal of a catering company in Zhuhai City, for 15 days in accordance with the law, and finally facilitated the parties to reach a settlement. The person subject to execution immediately reported to the court The execution payment receiving account paid 1.5 million yuan, and the remaining 800,000 yuan was paid in two months.

　　The typical significance of this case is that the Xiangzhou District Court of Zhuhai City has implemented the "Regulations on Guaranteeing the Payment of Migrant Workers’ Wages" and regarded the fulfillment of the legitimate rights and interests of workers as an important task of "I do practical things for the masses." Migrant workers' wage cases should be implemented and cashed first, and investigative and disciplinary measures should be fully utilized to prompt the enforced to perform the obligation of wage arrears faster, and to provide stronger judicial protection for "pay guard".

　　It is worth noting that in the case of Wu Xia and others' application for enforcement of Chen X. B's criminal incidental civil compensation dispute, the enforcement court timely and accurately fixed the complete chain of evidence that the person subject to enforcement is capable of performing but not performing, and is fully interpreting the law. At the same time of reasoning, legal documents were issued to the person to be enforced, and with the help of the local village committee to give full play to the function of grassroots governance, the case was finally concluded, and the execution was successfully completed with minimal execution cost, which saved a lot of judicial resources. Good realization of the unification of legal and social effects.

One case was sentenced to deter a batch of education

　　In the case where Ding Mouyang and others were convicted of refusal to execute a fictitious debt, China Minsheng Bank sued Ding Mouyang and Pang Mouming in a debt dispute case respectively. During the trial of the case, Ding Mouyang and others colluded with their relatives in court Before the preservation, the fictitious loans were mortgaged and notarized by the respective real estate.

The case entered the enforcement process. The People's Court of Suzhou Industrial Park of Jiangsu Province ruled that two properties owned by Ding Mouyang and Pang Mouming were auctioned, and their relatives applied for priority in the auction price on the grounds of mortgage.

　　In addition, his relatives filed a lawsuit in a different place with a fictitious loan, and obtained an effective judgment, and he applied to the enforcement court to participate in the distribution with the judgment.

Due to doubts about mortgage lending, the enforcement court clarified the legal provisions such as false lawsuits and evasion of enforcement to the persons subject to enforcement in the two cases and their relatives. The parties still insist that the mortgage lending exists and are willing to bear legal liabilities.

Later, the enforcement court confirmed that the fact of borrowing was not established.

The enforcement court imposed a total fine of 600,000 yuan on the fictitious debts, false mortgages, and false litigation evasion of enforcement in the two cases, and the judgment obtained due to the false litigation was also revoked in a retrial.

In March of this year, the Suzhou Intermediate People's Court of Jiangsu Province deployed a special action to combat the crime of refusal to execute. This case realized fast transfer, fast investigation, fast prosecution and fast trial based on the linkage mechanism.

During the transfer for prosecution, Ding Mouyang and his wife, the defendant, fulfilled all the debts involved.

In April, the People's Court of Suzhou Industrial Park sentenced each person to be sentenced to imprisonment ranging from six months of detention (with a suspended execution of six months) to one year and three months imprisonment for refusal to execute the sentence and the conviction.

　　Since the beginning of this year, courts across the country have deployed special operations against crimes of refusal to enforce crimes in light of the actual situation in various regions, and coordinated special consultations with public security, prosecutors and other units to reach consensus in advance on core issues such as case filing standards, evidence admissibility, and whether to construct crimes, and fully cohesive The combined efforts of combating the crime of refusal to enforce the case have given full play to the advantages of the linkage mechanism that solves the difficulty of enforcement, and demonstrated the determination to combat the crime of refusal.

And through the centralized organization of auditing and refusal to commit crimes, it has played a good social effect in the society of "sentencing one case, deterring a group, and educating."

　　The case of evasion of execution by a Shenzhen technology company A is an effective application example of the trial and enforcement information platform in the execution work. The person subject to execution used "legal civil legal acts" as a cover to evade legal obligations.

During the execution of the case, the executors comprehensively use information technology to actively conduct inquiries, discover and grasp the behavior of the person subject to execution of transferring property and evading execution, and deal with it in a timely manner. This not only protects the legitimate rights and interests of the workers in the other case, but also refuses to execute the case. The court’s effective judgments and rulings have been subject to judicial punishment, and good legal and social effects have been achieved.

Effectively safeguard the dignity of the law and judicial authority

　　In the case of Han's refusal to execute the judgment or ruling, the financial leasing company applying for executor and the executed Tangshan Industrial Group Co., Ltd., Han XX, etc., the financial leasing contract dispute, according to the intermediate people of Qingdao City, Shandong Province For the effective civil judgment issued by the court, the person subject to execution must pay 38 million yuan and interest to the person applying for execution.

Later, the person subject to enforcement failed to consciously perform, and the applicant applied for enforcement.

After the Qingdao Intermediate People’s Court filed and executed the case, the court found through online investigations and offline visits: the person subject to execution sold all 14 properties under his name to the company’s employees after being sealed up by the court, and the person subject to execution passed the establishment of a new The company continued to sell products and collect payment to evade enforcement by the court.

The Qingdao Intermediate People's Court promptly transferred the criminal clues for the refusal to execute the effective judgment in this case to the public security department for criminal responsibility.

After the case was filed, the public security department took criminal detention measures against the enforced Han XX. With strong deterrence, the enforced has handed over the entire case fund of approximately 45 million yuan to the court, and the case was successfully concluded.

　　The typical significance of this case is that because the person subject to execution and related persons outside the case refused to cooperate with the execution of the court and deliberately evaded execution, the Qingdao Intermediate People's Court attacked the case and promptly transferred it to the public security organs to investigate the law of refusal to perform the judgment and conviction. Responsibility, in the face of tremendous deterrence, the person subject to enforcement proactively contacted the court and the applicant to perform all of his huge debts in a timely manner, protecting the legal rights and interests of the parties, and also reflecting the judiciary’s resolute crackdown on non-enforcement behavior. Maintained the dignity of the law and judicial authority.

　　Beijing, December 1st