Zhangjiakou: good execution means good execution

2022-08-24

In recent years, in the face of the double pressure of COVID-19 and economic downturn, the courts of Zhangjiakou City, Hebei Province, have actively adjusted their implementation ideas and put forward the idea of "helping enterprises to relieve difficulties and protect the people's livelihood, and escort the economy to promote development". On the one hand, they adhere to the standardized implementation according to law, spare no effort and exhaust all implementation measures; on the other hand, they adhere to the concept of good faith implementation, adhere to the principle of modest implementation, and carry out the implementation in a way that is related to the business development and survival of enterprises, In the implementation of cases related to people's livelihood and social harmony and stability, we have two overall interests in mind and are bold in taking responsibility, making positive contributions to the optimization of the regional business environment. "Thanks for their understanding and the support and help of the judge. We will definitely perform according to the installment repayment agreement." The person in charge of a Food Co., Ltd. in Zhangbei County told the executive judge. In the case of loan contract dispute between the plaintiff Yue and the defendant Zhangbei County Food Co., Ltd. and a Zhangjiakou Cement Co., Ltd., it was decided that the second defendant should repay the loan of 12 million yuan. Affected by the epidemic situation, the above two companies had difficulty in operating and failed to repay the loan in time. Yue applied to the people's Court of Qiaoxi District, Zhangjiakou City for compulsory execution, requesting that the plant and production equipment mortgaged by a Food Co., Ltd. in Zhangbei County be evaluated and auctioned. The executive judge Li Pengyi visited the enterprises of the two executed persons and found that the two enterprises had good production and operation histories, and were involved in the lawsuit due to the difficulty in fund turnover of the epidemic, but the factory was still producing and the enterprise was still operating. Li Pengyi considered that if compulsory evaluation and auction were carried out, the creditor's rights of the parties concerned would be realized, but it might lead to the outcome of "executing one case and destroying two enterprises". Li Pengyi explained the law and reasoning to the applicant for enforcement, telling him that the enterprise under enforcement is going all out to resume production and should have the ability to repay after a period of production. If the enterprise's factory buildings and production equipment are forcibly disposed of, the enterprise will be forced to stop work and go bankrupt. At the same time, Li Pengyi explained to the two enterprises under execution that if they failed to properly solve their debts, they would face compulsory enforcement measures, and the enterprises would have to close down and go bankrupt. If they could find ways to raise funds, fulfill some of them first, so as to solve the other Party's urgent needs, and then repay the debts in installments, it would be a win-win way. After organizing the two parties to negotiate repeatedly, an implementation settlement agreement was finally reached. A Cement Co., Ltd. in Zhangjiakou paid off 6.6 million yuan in a lump sum, and a Food Co., Ltd. in Zhangbei County paid off the remaining 5.4 million yuan in installments. The executor agreed not to auction the collateral temporarily to ensure the normal production of the enterprise. In the face of the actual situation that the epidemic has brought about business difficulties, declining profits, and even bankruptcy, in order to enable the enterprises to return to work and production as soon as possible, at the beginning of the year, Zhangjiakou intermediate people's court established the working idea of "helping enterprises to relieve difficulties, protect people's livelihood, and escort the economy to promote development", requiring careful screening in the implementation, taking measures according to the case, and strengthening the awareness of good faith execution for those who can repay debts in installments, Take concrete measures that are beneficial to the resumption of work and production of enterprises and the protection of people's livelihood to activate the endogenous power of enterprises. Wang Jing, President of Zhangjiakou intermediate people's court, said: "market subjects are an important force for economic and social development, and also an important support for stable growth and employment. Only by maintaining market subjects can the foundation of economic development be maintained. At present, market subjects most need the protection and assistance of the rule of law

Edit:Wei Li Bin    Responsible editor:Yin Bing

Source:People's Court Journal

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