□ Our reporter Zhan Haifeng
□ Our correspondent Zhang Huasong
People's livelihood is connected with people's hearts, and people's livelihood cases are closely related to the lives of the people, but also to social stability.
In recent years, the Chongqing courts have coordinated resources and implemented a linkage mechanism, properly completed the execution of people's livelihood cases, and protected the fundamental interests of the people.
The reporter of "Rule of Law Daily" sorted out several enforcement cases involving people's livelihood cases accepted by the Fourth Intermediate People's Court of Chongqing in recent years, hoping that through the successful resolution of these cases, the people will understand the court's enforcement work and feel the temperature of justice.
Refusal of compensation in the event of an accident
Enforcement to bring about a settlement
In June 2020, a small ordinary passenger car driven by Qin collided with an ordinary two-wheeled motorcycle without a license plate driven by Gao.
After the accident, the Traffic Police Brigade of Youyang Tujia and Miao Autonomous County, Chongqing City issued an accident determination letter, confirming that Qin Mou and Gao Mou bear the primary responsibility and secondary responsibility respectively, and Bai Mou is not responsible for the accident.
After diagnosis, Bai had symptoms such as "right epidural hematoma of the falx cerebral", and was discharged after 20 days of hospitalization.
Later, due to the issue of compensation, Bai sued Gao to the court.
After trial, the People's Court of Youyang County ruled that the defendant Gao should compensate the plaintiff Bai for various losses totaling RMB 8,843.2.
However, after the judgment took effect, Gao failed to perform his statutory obligations for a long time, and Bai filed an application for enforcement with the court.
During the execution of the case, the Youyang Court froze the property of 4,961.42 yuan in the online account of the person subject to execution, Gao Mou.
After the account was frozen, Gao told the judge that because his ex-husband's older brother was serving a sentence and the three children were unsupported, Gao took care of them, and the funds in the account were the government's aid to the three children.
This situation was verified to be true by the undertaking judge, and considering the special nature of the funds, the freezing measures for the funds were lifted according to law.
In order to protect the legitimate rights and interests of the applicant for enforcement, the Youyang Court explained to Gao the serious consequences that may be brought about by non-performance, and proposed to take detention measures against Gao.
In the process of implementing the detention, Gao was forced by the majesty of the law, and Bai also took into account the feelings of the neighbors. The two parties reached a settlement agreement, and fulfilled the 6,000 yuan case payment on the spot, and the case was successfully concluded.
After the court, the judge said that this case was a neighborhood dispute caused by good intentions, and that building a harmonious neighborhood relationship is a common value orientation of the whole society.
In this case, the undertaking judge adhered to the concept of good faith and civilized execution, did not directly take any measures to allocate the frozen relief funds, and released the freezing after careful verification of the situation reported by the parties, which reflects the temperature of the judiciary.
At the same time, in the process of taking detention measures for the person subject to execution who refuses to perform, he still did not give up the work of both parties. On the premise of insisting on enforcement according to law, he tried his best to repair the damaged social relationship, which not only safeguarded the application The legitimate rights and interests of human beings have also been prevented from further deterioration of neighborhood relations.
Malicious arrears of wages to workers
Police and law linkage to recover arrears
In March 2021, Qin Mou owed Chen Mou and other 34 workers a total of 117,040 yuan in wages. After being judged by the People's Court of Shizhu Tujia Autonomous County, Chongqing, they still refused to perform. Chen Mou and others applied to the court for compulsory execution.
During the execution process, according to the online investigation and control feedback, there is no property available for execution under the name of the person subject to execution, Qin.
At the same time, in order to escape the debt, Qin played "disappearance" with the magistrate. The phone could not be contacted, and the whereabouts were unknown. The case was temporarily deadlocked.
In order to find out Qin's whereabouts, the contracted judge contacted the public security organ many times to inquire about Qin's movements.
The enforcement officers went to Jiulongpo District three times to squat at the residence of the enforcer Qin Mou, and finally took him back to Shizhu Court for disposal.
In the case that Qin still did not perform his obligations, the court took detention measures against him according to law.
During Qin's detention, the executive judge still did not give up his work.
Under the interpretation and reasoning of the execution judge and patient persuasion, Qin realized his mistake, took the initiative to seek guarantee from others, and reached a settlement agreement with the applicant for execution.
Afterwards, Qin took the initiative to deposit all the execution funds into the account designated by the court, and the case was successfully concluded.
The judge said after the court that the successful execution of the above-mentioned cases gave full play to the powerful effect of the enforcement linkage mechanism, and provided important clues for finding the person subject to enforcement during the linkage process with the public security organs.
In the case where the person subject to execution still refuses to perform after being brought back to the court, the executor will be resolutely taken judicially detained. The ultimate goal is to maintain rights and interests and maintain the authority of the effective judgment. Finally, the person subject to execution will take the initiative to find others for guarantee, and reach a settlement agreement with the applicant. Finally, all the case funds will be remitted to the account designated by the court, and the entire case will be executed.
Divorce refused to change custody
Multi-parties work together successfully
In February 2018, Liu and Xiang were divorced through mediation by the People's Court of Pengshui Miao and Tujia Autonomous County, Chongqing City due to their relationship.
The two parties agreed that his son Xiang Xiao was raised by Xiang, and Liu paid a one-time child support fee of 10,000 yuan.
Later, due to the handling of household registration matters with Xiaomou, the Pengshui County Public Security Bureau identified that Xiang Xiaomou and Xiangmou did not have a blood relationship, not a biological father-son relationship.
In May 2019, Liu appealed to the Pengshui Court to change Xiang Xiao's custody.
The first-instance judgment of the Pengshui Court upheld its claim.
After the verdict, Xiang did not file an appeal. After the first-instance judgment came into effect, Liu applied to the Pengshui Court for compulsory execution in September of the same year.
During the execution, Xiang Mou clearly expressed his unwillingness to hand over Xiang Xiao Mou to Liu Mou for support.
Liu had expressed his willingness to pay 50,000 yuan in economic compensation to Xiang, but Xiang still expressed his unwillingness to hand over custody.
After that, Liu went to the Pengshui Court for a long time to harass and make troubles, requesting to resolve the change of custody of his son.
In response to this case, the undertaking judge went to a certain place of residence many times to learn about the relevant situation, coordinated with the local party committee and government, and invited the local police station, village cadres, close relatives of the person subject to execution, and representatives of the masses to organize face-to-face execution and reconciliation between the parties.
After more than 7 hours of communication, the two parties finally reached an agreement on the transfer of custody to Xiaomou.
Liu X compensated Xiang X for a one-time compensation of 120,000 yuan for child support and mental damage, and Xiang X handed over Xiang Xiao to Liu for support. The two parties no longer have other rights and obligations, and the case was successfully concluded.
After the court, the judge said that through communication with local village cadres, surrounding relatives and representatives of the masses, social forces were involved in the execution of the case, which effectively promoted the smooth conclusion of the case.
At the same time, the court actively sought the support of the local government, coordinated the settlement of the children's household registration and school enrollment, and invited the police station, village cadres, women's federations, and representatives of the masses to participate in witnessing the execution, which became one of the key factors for the successful conclusion of the case.
The execution of this case reflects the people's court's concept of fully protecting the rights and interests of minors, protecting the healthy growth of minors to the greatest extent, and pursuing the organic unity of legal, political, and social effects to the greatest extent possible.
Salary arrears to no avail
Judicial intervention to settle disputes
In 2017, Zhang Mou and others went to work under Wu Mou, but Wu Mou did not pay the labor wages on time. After Zhang Mou and others failed to obtain salary, they filed a lawsuit with the People's Court of Qianjiang District, Chongqing in October 2019. The court heard the case. It was later ruled that Wu should pay Zhang and others more than 600,000 yuan in labor wages.
After the judgment came into effect, Wu Mou has not paid the back wages, Zhang Mou and others then applied to the Qianjiang Court for compulsory execution.
Subsequently, Wu Mou, the person subject to execution, refused to pay the wages of the workers, and was sentenced to 8 months in prison by the Qianjiang Court for the crime of refusing to pay labor remuneration and fined 5,000 yuan.
During the execution, the court did not find that Wu had any property clues that could be executed. Wu claimed that after his release from prison, he had no income or other property for the time being, and said that a college in Chongqing still owed him 1.1 million yuan for the project. pay.
After conducting an investigation and verification with a certain college in Chongqing, the undertaking judge made a ruling and detained and extracted 747,120.28 yuan of outstanding project funds from a certain college in Chongqing as the actual constructor, Wu Mou, the person subject to execution.
After a college in Chongqing signed the receipt and stamped the "Return Certificate of Service", it did not transfer the aforesaid money into the court account as required by the notice of assistance in enforcement, nor did it file an enforcement objection with the Qianjiang Court.
After several unsuccessful communications with the person in charge of a college in Chongqing, the Qianjiang court decided to impose a fine on a college in Chongqing and its legal representative according to law.
Before making a decision, the person in charge of a college in Chongqing was once again invited to communicate with the court, and clearly informed that if the obligation of assistance was not performed immediately, a penalty decision would be immediately served on his unit and legal representative.
In the end, a college in Chongqing agreed to perform the obligation of assistance, and deposited the case money into the Qianjiang court account in accordance with the requirements of the notice of assistance in execution, and the case was fully realized.
After the court, the judge said that in this case, on the basis of accurately grasping each legal relationship, the undertaker used coercive measures skillfully to urge the obligor of assistance to fulfill the obligation of assistance by law and reason, which not only protected the legitimate rights and interests of the public, but also protected the private sector. The sustainable development of the enterprise has reference significance for the handling of related similar cases in the future.
Relevant provisions of the Civil Procedure Law
Article 238 During execution, if the person subject to execution provides a guarantee to the people's court, and with the consent of the person applying for execution, the people's court may decide to suspend the execution and the time limit for the suspension.
If the person subject to execution fails to perform within the time limit, the people's court has the power to enforce the property guaranteed by the person subject to execution or the property of the guarantor.
Article 243 The parties concerned must perform a legally effective civil judgment or ruling.
If one party refuses to perform, the other party may apply to the people's court for execution, or the judge may transfer the execution to the executioner.
The mediation agreement and other legal documents that should be enforced by the people's court must be fulfilled by the parties.
If one party refuses to perform, the other party may apply to the people's court for enforcement.
Article 251 If the person subject to execution fails to perform the obligations determined in the legal document in accordance with the execution notice, the people's court has the right to seal up, detain, freeze, auction and sell the part of the property of the person subject to execution that should perform the obligations.
However, the necessities of life of the person subject to execution and the family members they support shall be retained.
Taking the measures mentioned in the preceding paragraph, the people's court shall make a ruling.
Criminal Law
Article 313 If a people's court's judgment or ruling is capable of being enforced but refuses to implement it, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years imprisonment and fines.
If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person in charge and other persons directly responsible for it shall be punished in accordance with the provisions of the preceding paragraph.
Lao Hu's Comments
People's livelihood cases are no trivial matter. Although the amount of the subject matter of some civil cases is not large, they are the "urgent and worrying" of the people and are closely related to people's livelihood issues.
Therefore, the people's courts should treat such small cases of people's livelihood as their own major matters in the trial and enforcement work, so that the parties can truly feel the warmth and warmth of the judiciary.
The enforcement of civil cases is the last link in realizing the parties' civil rights.
From the cases in this issue, we can see that whether it is the recovery of labor remuneration, the recovery of injury compensation for traffic accident victims, or the change of child custody in divorce cases, there are often challenges in the enforcement procedures after the judgment of the case. In a complicated situation, it is not easy to turn the rights on paper in the judgment into the actual interests of the parties.
Therefore, in the enforcement of livelihood cases involving the vital interests of the people, the people's courts should take multiple measures simultaneously, take comprehensive measures, and use their hearts, strength, and affection to safeguard the dignity of the rule of law and the seriousness of judgments, and safeguard the legitimate rights and interests of the parties.
It is necessary to enhance the consciousness of civil litigation participants to respect judicial judgments and take the initiative to fulfill their obligations, and create a social atmosphere in which they are proud of actively fulfilling their judgment obligations and ashamed of transferring hidden property.
At the same time, in the process of implementation, we must actively seek the support and help of grassroots organizations and relevant departments, and use a multi-pronged approach to form a joint force, try our best to resolve conflicts and close the case, so that the people can enhance their sense of gain and satisfaction in the implementation of livelihood cases. satisfaction.
(Hu Yong)