Remediation Implementation Problem Clear Damage Judicial Communications16/04/2022
Remediation Implementation Problem Clear Damage Judicial Communications
>>>> Remediation Implementation Problem Clear Damage Judicial Credit The Supreme Method Releases the First Batch of Letters and Visits Substability Typical Case Published: 2021-11-1904: 00 Friday Source: Rule of Law Daily – Legal Network National Since the establishment of the second batch of political and legal teams, the Supreme People’s Court resolutely implemented the party’s central decision-making deployment, and in-depth promotion of highlighting problems, clearing a batch of troubles that damage the legitimate rights and interests of the parties and judicial credibility, solved a group of people The masses have a hurry, establish and improve a batch of rules and regulations and achieved phased results.
On November 18th, the highest law was in the implementation of the problem of centralized rectification of stage progress and the national court implementation case centralized issuance date event press conference released the first batch of typical cases. "Collaborative Executive" resolves the conflict of migrant workers [basic case] 124 migrant workers and Pingxiang City, a fireworks and firecracker manufacturing company recovery labor compensation dispute. In October 2020, the People’s Court of Luxi County, Jiangxi Province made a number of civil judicial books, and sentenced to 2030,000 yuan by paying labor remuneration with a fireworks and firecracker manufacturing company in Pingxiang City. After the judgment took into effect, 124 migrant workers who were executed by the executive did not fulfill the judgment, December of the same year, and 124 migrant workers such as Chen Zhao application for the court forced execution.
In the implementation, the investigation of the people’s court of Luxi County founded a fireworks and firecracker manufacturing company in Pingxiang City in Pingxiang Intermediate People’s Court, Anyuan District People’s Court, and the people’s court of Shangli County have loan disputes, and the amount of arrears is as high as More than 2 million yuan, no property is available for execution, to the implementation of the case, temporarily finalize the implementation program. In the meantime, the Luxi County People’s Court found and frozen and frozen the executive to withdraw from the fireworks and firecrackers production government award replenishment of 800,000 yuan.
However, the award replenishment was also frozen from other three courts in Pingxiang Intermediate People’s Court. In June 2021, 124 migrant workers such as Chen have learned to the city, county collective letters and visits, requested priority.
In order to properly resolve the contradiction between the collective letters and visits of migrant workers, the Luxi County People’s Court reported that the Pingxiang Intermediate People’s Court launched a collaborative implementation mechanism. The hospital was reviewed and decided to implement, and agreed to be deducted from the people’s court of the Luxi County, and the awards and hosted allocation were made.
The Luxi County People’s Court scored in place and organized the convening of creditors.
124 migrant workers such as Chen Zhao shall be given priority to their credit as a payment. Other creditors are allocated by their cases first effectively.
The parties have not reached an agreement. The Luxi County People’s Court took a witness implementation method to investigate the relevant unit investigation with the creditor. At the same time, the hospital took the way of listening, unlimited the difficult situation of migrant workers, eliminating other creditors suspicion, got most borrowing creditors.
In August 202, the hospital was produced and delivered to the property distribution plan, and it was determined that 124 migrant workers such as Chen Zhao were subject to the party, and all parties have not made an objection. It has been issued by 800,000 yuan, and the contradiction is successfully resolved. This example is a typical case of using collaborative implementation mechanism to successfully resolve migrant workers collectively involved in petitions. Collaborative implementation mechanism is the implementation case established by the Supreme People’s Court. The superior courts play a unified coordinated function advantage, unified dispatching using the implementation of the jurisdiction, collaborative, helping the jurisdiction to implement enforcement, and effective A work mechanism of the grassroots court reduction.
In this case, Pingxiang Intermediate People’s Court decided to launch a collaborative implementation mechanism, and coordinate other courts of jurisdictionally to unify the reward of the Luxi County People’s Court. In the implementation, the Luxi County People’s Court adopted witness implementation, executive hearing, creditor conference, etc. 124 migrant workers such as recruitment will be digestive in the grassroots, and have achieved better legal effects and political effects.
Judicial Assistance System Assisted Applicants to alleviate Puzzles [Basic Cases] Zeng Some and Zhang Moufu Road traffic accident damages compensation dispute case. In June 2018, Jiangxi Province Guangchang County People’s Court made civil judgments, and the order was compensated by Zhang Moufu.
After the decision is taken into force, the executor Zhang Fu has not fulfilled the judgment obligation. In September of the same year, Zengji applied for the court to enforce it. In the executive, the Guangchang County People’s Court carefully conducted investigations, and the executor Zhang Fu has divorced and going out to work. Only a minor son and 60-year-old mother are very difficult, and the family life is very difficult, and no property can be implemented.
However, according to the report clues, they will be deresed in the court to be executed to the court. The Guangchang County People’s Court intends to further take judicial detention measures, but it is found that Zhang Moufu is seriously ankylosing spondylitis in the medical examination, and there is a danger of life at any time, and it has not been medical expenses due to weakness of high medical treatment. The case is executed in a difficult situation. To this end, the Guangchang County People’s Court closed the village cadres and the ideological work to perform compensation obligations in the executive person, and on the other hand, it will be given by the actor’s family and physical condition to the applicant to obtain it.
Considering the parties of the parties are very difficult, the Guangchang County People’s Court actively strives to support the status of the local party committee political and legal committee to help the applicant to declare national judicial rescue funds to solve the urgent needs. In July 202, the case successfully resolved through judicial assistance.
[Typical Significance] This example is a typical case of successful use of national judicial assistance system to effectively resolve the people’s execution of petitions. In the implementation practice of the case, the people’s court often encounter both the family life of both parties, and the executive is unable to implement a letter of letters and visits. In the implementation of this case, the Guangchang County People’s Court except in addition to increasing the implementation, it is also a measures to move, coordinate the ideological work of the parties, and actively use the national judicial assistance system to help the applicant relieve life difficulties, which maintained the party. The legitimate rights and interests have also won the satisfaction of both parties, and maximizing the contradiction between petitions and promoting social harmony and stability.
Credit Commitment credit repair two-way crack contradiction [basic case] Yang Mouping and Nanchang a construction Co., Ltd. In September 2017, Jiangxi Nanchang West Lake District People’s Court made civil judgments, and sentenced to 280,000 yuan and interest by Nanyuan Zhou Building Co., Ltd. After the judgment entered into force, the executor Nanchang A Construction Co., Ltd. did not fulfill the judgment obligation. In April 2018, Yang Mouping approves the court to enforce it.
In the implementation, Nanchang Xihu District People’s Court conducted in-depth launch line survey, and found that a construction company that was executed by Nanchang, a construction company involved in the hospital, and failed to perform in place, and there was an unable risk. After many thought work, most of them have been fulfilled by the actors. In the meantime, affected by the epidemic and is included in the list of lost trusts, and is blocked by the performer bank loan. Enterprise recombination encounters difficulties and non-engineering bidding.
Considering this situation, Nanchang Xihu District People’s Court decided to take credit repair to the executive, and organized the parties to negotiate multiple times, and finally promoted the consensus scheme of the installment repayment, and was applying for the court to temporarily released by Yang Mouping List of faith. After credit repair, the executive Nanchang Zhou Building Co., Ltd. fulfilled all repayment obligations.
In March 2021, the case was successful. [Typical Significance] The case is a typical case of the people’s court uphold the implementation of good faith civilization and successfully use credit commitment and credit repair mechanism. In this case, Nanchang Xihu District People’s Court faced the difficulties in implementing unobstructed, organizing the parties to negotiate a reconciliation, and the applicant’s agreed to implement credit repair measures, effectively helping to resume the production and operation of the executive, all of them Compensate the debt.
The case implementation ensures that the legitimate rights and interests of the winning party are honored, and help the executive enterprises can replenish the renovation, and play a demonstration role of "handling a case to rescue a business".
Editor in charge: Liu Yiming.