Let more enterprises feel the judicial temperature
2022-05-30
"In just 22 days, you asked for more than 5million yuan of payment for us. Thank you very much!" Recently, Mr. Zhang, a representative of a building materials enterprise in Tianjin, came to the people's Court of Hongshan District, Wuhan City, Hubei Province to thank judge Hu Hai personally. Last year, Mr. Zhang's enterprise signed 18 sales contracts with a large construction enterprise. However, they failed to receive the payment after delivery, so Mr. Zhang had to take the other party to court. The 18 contracts should have been handled separately, but considering that the long litigation cycle will affect the normal operation of the enterprise, the judge in charge actively organized the reconciliation and mediation between the two parties. Finally, the mediation was completed in only 22 days, and the plaintiff's funds were quickly returned. In order to optimize the business environment and minimize the negative impact of judicial activities on the production and operation of enterprises, Hubei courts have explored the establishment of an economic impact assessment system for enterprise related cases since 2020. For cases that have brought serious and irreversible consequences to the normal operation of enterprises, courts at all levels guide them to choose more convenient ways to resolve disputes, such as mediation, reconciliation, quick adjudication, summary procedure, etc., to avoid adverse effects on market subjects due to the long litigation cycle. Through the reform of separating complicated and simplified civil procedures, the "green channel" for enterprise related cases has been unblocked, and the time limit for filing, mediation and entrusted judicial expertise has been reduced. In 2021, the average trial time of enterprise related cases in Hubei Province will be up to 57.53 days, further improving the trial quality and efficiency, and the settlement rate within the trial limit will reach 98.84%. More than 300000 cases have been mediated through the mediation platform of the people's court, including 286800 cases of pre litigation mediation. "After more than two years of exploration, we have optimized the process and improved the mechanism, so that more enterprises can feel the judicial temperature." Li Qunxing, vice president of Hubei Higher People's court, said. Measures such as property preservation, sealing up and seizure were originally taken to protect the rights and interests of creditors, but sometimes the case would be in a dilemma. In may2020, wuchuankun, a judge of the second executive division of the high court of Hubei Province, received an execution case. As a real estate company in Yichang owed a construction group 155million yuan of the final payment of the project, the construction group applied for enforcement, but both parties had "difficulties": the construction group said it needed to pay the arrears to complete the project it undertook, and the person subjected to enforcement said that the enterprise was on the verge of bankruptcy after the property was sealed up. After comprehensive consideration, the Court adopted the method of releasing the bonds by stages, allowing the recovered funds to repay the debts in batches under the supervision of the court, which contributed to the solution of the problem. "When trying cases, we should pay attention to the unity of legal effect and social effect, actively innovate within the legal framework, not only pursue justice, but also use the rule of law thinking to reduce the impact of judicial activities on enterprises." Zhang Jing, President of the second people's Court of the Hubei high court, said. Whether or not an administrative organ abides by its promises often has a great impact on a local business environment. The high court of Hubei Province requested that the courts at all levels should correctly handle the relationship between rights and powers in administrative proceedings, and implement the judicial concept of prudence and goodwill for the breach of commitments by relevant administrative organs, especially due to the change of government and leadership, support the reasonable demands of private enterprises in accordance with the law, and promote the administration of administrative organs in accordance with the law. The Hubei Provincial High Court also issued trial guidance, issued judicial suggestions to the administrative organs, explored and formulated measures to assess the impact of the sued administrative acts on the business environment, and helped to build a government ruled by law. In june2004, a county in Huanggang City signed an agreement with a local private natural gas company, which agreed that the company would enjoy the "exclusive right" of natural gas projects in the county. In december2015, the county signed an agreement with another enterprise. Therefore, the private natural gas company sued the court. "We have visited and investigated many times and found that although the private enterprise entered the market first, it was unable to meet the gas demand of the county residents, and there were problems such as high prices and unstable gas supply. However, the plaintiff first obtained the government's commitment, and its reasonable interests should be protected." Huang Ying, vice president of the administrative tribunal of the Hubei Provincial High Court, said. How to divide the business areas of the two companies should be coordinated and arranged by the administrative organs. However, after the county has been changed for many times, there is a situation that "new officials ignore old accounts". In 2021, the retrial judge actively organized tripartite coordination and finally signed a settlement agreement. (outlook new era)
Edit：sishi Responsible editor：xingyong
Source：http://paper.people.com.cn/rmrb/html/
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