In the corridor, there are five battle maps of the execution department of Wuhan Intermediate People's Court's bid winning "basically solving the implementation difficulties", which clearly indicate the information such as the undertaker, new receipt, delivery, network investigation and control, traditional investigation and control, first visit, disposable property (number of cases), circulation and non-circulation. There is a line of "tabulation instructions" at the bottom of the battle chart table: this table is the work progress table within 30 days of filing, which is used to count all outstanding cases.
"Strive hard and resolutely win the tough battle of' basically solving the implementation difficulties'", this sentence at the bottom of every battle map makes people feel the difficulty and determination of the executives.
"After' basically solving the implementation difficulties' fills in the shortcomings of the court's implementation, Lao Lai's various delaying tactics are the problems that need to be solved." Ye Weiping, director of the Executive Board of Wuhan Intermediate People's Court, said.
What kind of psychology is the person being executed old? The "Legal Daily" reporter interviewed some front-line executives of Hubei court today and asked them to analyze Lao Lai's psychology in combination with the specific implementation work.
Every day is a day.
Knowing that border control measures were taken, within half an hour, the executed person Yanwu collected the execution payment of 1.3 million yuan and fulfilled it.
Yanwu is a Hong Kong resident. On September 20 13, she signed a lease contract with the plaintiff for a shop in Jianghan District, Wuhan. Because the store failed to meet the requirements promised in the lease contract, the two parties failed to negotiate, and the plaintiff filed a lawsuit with Wuhan Intermediate People's Court, demanding that the store lease contract be terminated, Yanwu immediately returned the lease deposit, and Yanwu compensated the plaintiff for the direct economic losses and liquidated damages caused by its breach of contract.
"Since the case was accepted, Yanwu basically did not show up, and the notice of filing was mostly served by announcement." The judge in charge of the case said.
The court of first instance found that during the litigation period, Yanwu subletted the house involved to other tenants for operation and use from 2065438 to September 2004.
In the first trial, Yanwu filed a counterclaim, but in the end, the court ruled that the plaintiff won the case. Yanwu filed an appeal. On February 25th last year, 12, the court finally ruled that Yanwu lost the case.
After the judgment takes effect, it will be transferred to the execution procedure. Yanwu and the executives of Wuhan Intermediate People's Court "disappeared" together-they either didn't answer the phone or sent a text message denying that they were the executed person and didn't reply.
On May 3 this year, the executive sent a text message to Yanwu's mobile phone number registered in the court, informing her that the court had sealed up and prepared to dispose of her other property in Wuhan, and at the same time, she was restricted from leaving the country.
Yanwu immediately replied to the text message, saying that she would go to the court for settlement on the morning of May 7.
Both parties arrive at the court as agreed, and the person subjected to execution organizes mediation. At first, Yanwu hoped to pay by installments, but the executor of the application disagreed, because Yanwu was not honest and didn't believe that she would pay on time.
Seeing that she could not delay any longer, and faced with border control, seizure of real estate and possible judicial custody, Yanwu called the scene to raise money, which was cashed on the same day.
After four years, the plaintiff has lost confidence in getting back the execution money, but she didn't expect it to be executed quickly.
"The execution speed is far beyond imagination!" In the thank-you letter to Wuhan Intermediate People's Court, the application executor wrote.
Yu, deputy director of the Executive Office of Wuhan Intermediate People's Court, told reporters that Lao Lai in many enforcement cases did not really have no property, but was unwilling to take it out. One day is one day, and he won't carry it out unless he has to. The so-called "no tears when you see the coffin."
Take advantage of loan loopholes
The loan of 30 million yuan is "wasted", but the commercial bank can only bear the legal risk that the case cannot be executed.
20 13 At the beginning of September, a commercial bank signed domestic factoring contracts with a century holding company, a real estate development company, a mining company and Tao Qiu. In late September of the same year, a commercial bank issued a financing loan of 30 million yuan to the contractor.
Unable to recover the loan, a commercial bank filed a lawsuit with Wuhan Intermediate People's Court.
Wuhan Intermediate People's Court found through trial that the accounts receivable contracts and bills provided by a century holding company to commercial banks and enjoyed by an iron and steel group company were all fictitious, which clarified the civil liability of the iron and steel group company. In the end, Wuhan Intermediate People's Court ruled that Century Holding Company, Tao Qiu and others paid off their debts according to law.
After entering the execution procedure, the court only found that the deposit of the executed person was 1000 yuan, and there were two houses with a total area of more than 260 square meters waiting to be sealed up.
"1 10,000 yuan deposit is a drop in the bucket to the creditor's rights of commercial banks, and the houses waiting to be sealed up cannot be disposed of." The person executed in this case said that the company had already gone to the building, and the legal representative and individual did not know where to go. All services are delivered by mail or announcement, which can only end the execution procedure.
Yu said that the case is a typical unenforceable case, and the root cause lies in the creditors' failure to control their own commercial risks and legal risks.
"When the borrower raised funds, he deliberately fabricated a series of contracts and bills. All contracts and bills are only photocopies, but there is no original. According to the regulations, commercial banks should verify the evidence provided by loans one by one when reviewing loans. " The case handler said.
Why don't commercial banks pursue the criminal responsibility of those who provide false bills or recover from loan examiners?
An executive of a grassroots court in Hubei who did not want to be named told reporters that this is because commercial banks have their own "soft spots". If the lender is investigated for criminal responsibility for providing false bills, it will expose the loopholes in its own loan review and even be investigated for responsibility.
"Some Lao Lai just saw this, grasped the weakness of financial institutions and applied for huge loans with false materials." The executive said.
Exhausted program delay
Ma Ju used these seemingly "legal" methods to evade execution by applying for bankruptcy liquidation of the company before the court auction, evading execution by using arbitration and mediation to pay off debts with houses, and preventing execution by raising objections by outsiders and their sons.
20 16 65438+ 10/01On February 22nd, Wuhan Yigou Import & Export Co., Ltd. applied to execute the case of Ma Ju, the legal representative and chairman of Beijing West Textile Co., Ltd., involving an amount of1200 million yuan.
During the execution period, Wuhan Intermediate People's Court froze Ma Ju's 65,438+000% equity in Jingxi Textile Company, and waited for the seizure of his properties in Dongguan City, Guangdong Province and Haikou City, Hainan Province.
On August 1 2065438, Wuhan Intermediate People's Court planned to auction the property located in Shexian Town Economic Development Zone, Tongzhou District, Beijing under the name of Beijing West Textile Company. Suggested auction time is September 2009 19.
However, on September 7 of the same year, the Tongzhou District People's Court of Beijing filed a case to hear the bankruptcy liquidation case of Beijing West Textile Company.
Wuhan Intermediate People's Court had to stop the auction because the executed company filed for bankruptcy and the executed person had no property to execute.
The value of the property in Haikou under the name of Ma Ju is100000 yuan. 2065438+April 2006, Ma Ju paid the property to its employees through arbitration and mediation in the name of compensation for employees' wages and bonuses. After Haikou Intermediate People's Court ruled not to execute the arbitration award, Wuhan Intermediate People's Court auctioned the above real estate appraisal.
After the report of real estate appraisal was delivered to Ma Ju, her two sons raised an outsider's objection on the grounds of claiming the share of property inheritance, but prevented its implementation.
After examination, Wuhan Intermediate People's Court found that the objections raised by outsiders were unfounded in law and the reasons for their objections could not be established. At present, Ma Ju has been transferred to the public security organs on suspicion of refusing to execute.
"There are not a few people who abuse the objections and reconsideration procedures given by law." Yan Gang, deputy director of the Executive Command Center of Wuhan Intermediate People's Court, said that some people who have been executed have to raise objections when they know that the property appraisal report is objective and fair, and most of them raise objections at the end of the objection period of 15 days, so the procedures are exhausted and can be delayed.
Some front-line executives of grass-roots courts told reporters that, what's more, some executed persons adopted "backdated" (in advance) sales contracts or lease contracts, and arranged for a third party to raise execution objections and obstruct execution according to basic legal principles such as not breaking the contract.
"The implementation of justice, also want to talk about efficiency. How to prevent the executor from using' legal' means to obstruct execution is worthy of consideration by relevant functional departments including the court. " Ye Weiping said that the decisive victory "basically solves the implementation difficulties" requires the joint efforts of all parties in addition to the efforts of the court.
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