The people's court uses various cross execution methods to effectively resolve major, difficult and complex cases
2024-07-18
Why is the Supreme People's Court directly supervising the execution of a technical secret dispute case? Not long ago, the Supreme People's Court released 10 typical cases of cross execution. Among them, the implementation case of a chemical company in Sichuan and a chemical company in Shandong has attracted social attention. The execution target of this case is large, but the execution work was once deadlocked. After being supervised by the Supreme People's Court and upgraded to execution by the Chengdu Intermediate People's Court in Sichuan Province, it ultimately led to the parties reaching an execution settlement, achieving a good effect of executing one case and protecting both parties' enterprises. Starting from October 2023, the Supreme People's Court will deploy pilot projects for cross execution in 19 provinces (regions, municipalities) courts; In 2024, we will comprehensively and orderly promote cross execution work nationwide. In response to major, difficult, and complex cases as well as long-standing unresolved cases, the people's courts actively carry out cross execution, effectively preventing interference from power, relationships, and personal relationships, and improving the quality and efficiency of execution through the use of methods such as supervisory execution, hierarchical execution, and directive execution. "The head of the Supreme People's Court Enforcement Bureau introduced that since the pilot program was launched, 72843 cross execution cases have been handled by courts nationwide, with substantial progress or 23119 resolved, ensuring timely realization of the rights and interests of winning parties in accordance with the law. Concentrating the execution force to resolve difficult and complex cases spanning over 1600 kilometers, Dai Wei, Director of the Second Execution Department of the Chengdu Intermediate People's Court Enforcement Bureau, led relevant technical personnel to enter the infringement site of a chemical company in Shandong. Inside the factory area, there is still a five story high "melamine" production equipment in operation. Shoot, record, fix evidence... At the site of the investigation, the technical expert from a chemical company in Sichuan, who is applying for execution, witnessed the execution work. A few years ago, a chemical company in Sichuan invested heavily to break through the bottleneck of "melamine" technology, increasing its annual production from 30000 tons to 50000 tons, breaking the foreign monopoly on the production and sales of "melamine". But a chemical company in Sichuan did not expect that the staff who had participated in the research and development would disclose a large number of core technology secrets to two companies outside the city. These two companies then provided a chemical company in Shandong with the construction and production of a 50000 ton per year "melamine" production line. After litigation, the Supreme Court ruled that all infringers shall jointly compensate a chemical company in Sichuan with 98 million yuan, destroy production equipment involving the involved technical secrets, and stop selling and using the "melamine" products produced by the involved technology. Due to a chemical company in Shandong refusing to execute an effective judgment, a chemical company in Sichuan applied for compulsory execution. The Tianfu New Area court completed the execution of the monetary payment obligation, but encountered difficulties in the process of destroying the production equipment involved - the equipment is only a part of the factory area, how to accurately lock in the demolition scope? What should I do if the equipment has flammable and explosive properties and improper operation causes pollution? Professional requirements are high, security risks are high, and cross regional coordination is difficult... Despite the execution deadlock, infringement continues. The turning point occurred during the supervision of the Supreme Court Executive Bureau after understanding the case. This is the first case of cross execution supervised by the Supreme People's Court, with Sichuan High Court providing guidance and Chengdu Intermediate People's Court upgrading the execution, integrating the strength of the four levels of courts to accelerate the battle. The head of the Supreme People's Court Enforcement Bureau said that cross execution is to concentrate the enforcement force to resolve difficult and complex cases that are difficult to advance, and ensure timely realization of the rights and interests of the winning parties. Send judicial recommendations requesting relevant departments in Shandong Province to investigate and punish illegal activities; Public bidding, production of demolition plans... Chengdu Intermediate People's Court has increased its enforcement efforts through various means to compress the survival space of infringing companies. A chemical company in Shandong has finally realized that resisting execution has no way out and is willing to actively engage in dialogue with a chemical company in Sichuan. Forced demolition is not the optimal solution. A chemical company in Shandong is a large listed enterprise in the local area. Forcibly dismantling equipment and stopping production will affect the development of the enterprise and upstream and downstream industries, and a large number of employees will face unemployment, "said Dai Wei. The Supreme People's Court and Sichuan Higher People's Court uphold the concept of good faith and civilized implementation, actively strengthen communication and cooperation with relevant departments in Shandong Province, and clarify interests and benefits. After multiple consultations and coordination organized by the court, in January of this year, the two parties reached a settlement and signed an agreement to resolve this case and subsequent series of litigation disputes with a "package" of 440 million yuan in patent licensing fees and continuous infringement compensation. At present, a chemical company in Shandong has fulfilled 300 million yuan as scheduled. The head of the Supreme People's Court Enforcement Bureau said that cross execution work has steadily improved the overall quality and efficiency of enforcement work. Since the beginning of this year, the completion rate and implementation rate of courts nationwide have both increased significantly year-on-year. Mr. Chen from Jiangsu finally received the compensation from the infringer, Suo Mou, for efficiently fulfilling the "real money and silver" for the masses. "I didn't expect the court to help us recover the compensation. Thank you so much. A few years ago, Mr. Chen's wife had a traffic accident with Mr. Suo, and the Xinyi Court in Jiangsu ordered Mr. Suo to compensate Mr. Chen with over 30000 yuan. But Suo did not fulfill his obligation to compensate, and Mr. Chen applied to the Xinyi Court for enforcement. After multiple on-site investigations and online investigations, the Xinyi Court did not find any assets available for enforcement, and the case was delayed for several years. At the beginning of this year, Mr. Chen applied for promotion and execution by the Xuzhou Intermediate People's Court. After review by the Xuzhou Intermediate People's Court, it was designated that the execution be carried out by the Pizhou Court, which is the court where the debtor resides. Although the execution amount is not large, it belongs to a livelihood case directly related to the interests of the masses On the one hand, the presiding judge Wang Zhiyuan actively communicated with the original executing court, reviewed and understood the situation of the case; On the other hand, investigate and control the property situation under the name of the executed person, and attempt to contact the executed person by phone, Mr. Suo. However, the result was not satisfactory. Mr. Suo has been hiding for a long time. Wang Zhiyuan has visited the community where his registered residence is located many times to investigate, and contacted Mr. Suo through grass-roots grid workers. Although I have repeatedly explained to Mr. Suo the adverse effects of being included in the list of dishonest persons subject to enforcement and the mandatory measures such as restricting high consumption, Mr. Suo is still unwilling to come forward to solve the problem, citing the lack of property, "said Wang Zhiyuan. During the visit and investigation, Wang Zhiyuan learned that the community where Suo was located had been demolished before, and Suo did have a small property right house under his name. Wang Zhiyuan used this as a breakthrough point to clearly inform Suo that the small property rights house belonged to the execution property, and at the same time explained to him the legal consequences of the crime of refusal to execute. In the end, Suo expressed willingness to negotiate and fulfill the obligation of compensation, and deliver the execution payment in person. Thus, the long-standing cases were executed within 20 days after cross execution filing. For small target execution cases, more persistence and effort often lead to breakthrough results, "said Wang Zhiyuan. In the context of escalating conflicts between individuals and cases, some cases have long execution cycles and low quality and efficiency in their execution work. By introducing the execution power of other courts through cross execution work, different ideas and methods can be used to break the situation where the original case could not be executed. At the same time, by crossing cases to courts with fewer cases, we ensure meticulous work and improve enforcement efficiency. Considering the prominent contradiction of "more cases and fewer people" in the Chengguan District Court of Lanzhou, Gansu, in order to timely help 45 migrant workers recover their labor remuneration, the Gansu High Court has designated the case to be executed by the Min County Court in Dingxi City. "We specially set up an execution team to deal with the case. We went to Jiangxi, Beijing and other places to search for the property of the person subjected to execution. When we found that the Alipay account of the person subjected to execution was attached to a company in Beijing, it was quickly frozen, forcing the person in charge of the company to take the initiative to negotiate a solution, and remitting the remaining execution objects of the case to the execution account within three days." Judge Zhao Honggang introduced the case. In November last year, an intermediate people's court in a certain city discovered during enforcement supervision that a court in its jurisdiction had property but the rights and interests of the winning party in an enforcement case had not been realized for a long time. Therefore, the case was transferred to another court in its jurisdiction for enforcement by way of instruction. Originally, a dispute arose between a certain bank and Zhang over a loan. After the court's trial, Zhang was ordered to return the bank's loan principal, interest, and penalty interest of over 200000 yuan. Due to Zhang's failure to fulfill his judgment obligations, in April 2020, the bank applied to the original executing court for enforcement. The court seized the property under Zhang's name and did not dispose of it in a timely manner. Later, the court ruled to terminate the execution procedure on the grounds that the bank expressed willingness to negotiate with Zhang to resolve the issue and did not submit an application for compulsory auction of the property to the court. The person in charge of a certain city's intermediate court explained that due to the bank's application for auction of the property, the original execution court resumed execution for one month, but the execution procedure was terminated again at the end of the year due to the closure of the case. In May last year, the bank applied to the original enforcement court for the resumption of enforcement, but the winning rights have not yet been realized. After reviewing the original execution case file, the court after cross execution found that the original execution court did not conduct a property auction or vacate the property. After the cross execution, an auction ruling was quickly made and the house was forcibly vacated, "said the judge who handled the cross execution case. Now the property has been successfully sold through online auction, and the bank has retrieved the due payment. Terminate the current execution procedure in the absence of property disposal; After resuming execution, the unfinished property disposal procedure terminates the current execution procedure again The Intermediate People's Court of a certain city has initiated a "dual investigation" procedure for this case (i.e. coordinating and cooperating with the enforcement agency and supervisory agency of the higher court, coordinating and supervising the handling of enforcement cases, management of enforcement work, and violations of laws and regulations by police officers in lower courts, and handling them in accordance with laws, judicial interpretations, and relevant regulations). After verification, it was found that some enforcement officers of the original enforcement court did not have a strong sense of responsibility, and there were indeed cases of passive enforcement and delayed enforcement. In the end, the original executing court gave warning talks and disciplinary warnings to the two persons in charge of the case. The head of the Supreme People's Court Executive Bureau stated that by focusing on the review of cases that have made substantial progress in cross execution, we will investigate whether there are issues of ineffective execution such as negative execution, delayed execution, and corruption in execution, forcing the improvement of the execution ecology and timely realization of the legitimate rights and interests of the winning parties. (New Society)
Edit：He Chuanning Responsible editor：Su Suiyue
Source：People's Daily
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