A little " carry out cannot " those things...

Tai'an

A little " carry out cannot " those things...

She

"Judge, judge! My lawsuit is hit won, why to still take money to now? Why to still take money to now??

He

"How is my law case terminative? Doesn't he have belongings? How likely! I no matter, anyway I apply for to carry out, the court is about to be in charge of helping me get money! The court is about to be in charge of helping me get money!!

...

In executive practice, a lot of party think, wanted lawsuit to win only, want to applied for to carry out to the court only, can take money certainly, and when the court already end all sorts of executive measure, still cannot find any belongings clue, cannot carry out in time when reaching the designated position, think the court carries out not do one's best.

Actually, "Carry out cannot " ≠ " it is difficult to carry out " , concern without half wool money between them.

Two case see please below:

Case one

On May 24, executive judge of organization of father-in-law district court is opposite person be executived is adopted in anxious such-and-such home ransack after measure, because of anxious such-and-such be utterly destitute, be badly off, can offer without belongings truly carry out, make lawfully terminative a ruling of executive program.

Some all is Jiao Mou of application executive person and Jiao Mou of person be executived province village presses down some village villager, because two people irrigate ground problem to produce issue, jiao Mou some mauls Jiao Mou, appraisal of classics legal medical expert is slight injury after. Father-in-law district court entered a judgement on October 12, 2015, sentence your Jiao Mou cost of cost of medical treatment of some compensation Jiao Mou, delay one's work add up to 16128.59 yuan. After adjudicating become effective, some did not fulfill Jiao Mou of person be executived the obligation with affirmatory copy clerk of become effective law, jiao Mou applies for to carry out. After the case enters executive order, executive judge is opposite instantly person be executived is anxious such-and-such belongings undertook checking accusing, but anxious such-and-such under one's name is mixed without deposit, car, house property other can offer the property that carry out. Classics and its place village appoint connection, executive judge still understands, anxious such-and-such wife becomes seriously ill, medicine relying on a needle maintains life, already lost labor ability, the old mother that 8 a period of ten days still had forred years in the home needs support, rely on Jiao Mou only some feeble income reluctance maintains bread.

Handle a case for appropriate, executive judge for many times some goes to subpoena Jiao Mou front courtyard or search in its home, but Jiao Mou some did not appear from beginning to end. Look for meantime the 3rd times to anxious such-and-such home when executive judge, jiao Mou some lies on the bed however, when so its work, fall carelessly, cause costal bone to crack, shank fracture. Persuade through of the judge, after it is good that some promises Jiao Mou fulfil compensatory obligation actively to the court. However, a few months go, some still did not fulfill Jiao Mou compulsory. On May 24 morning, executive judge comes in anxious such-and-such home again, some is not in Jiao Mou, classics connection, some weighs Jiao Mou outer accompany a wife to treat a disease cannot return. Executive judge spreads out to the property in anxious such-and-such home then ransack, but did not discover a He Ke to offer the property that carry out. In executive process, anxious such-and-such mother out of control of a few degrees of moods, cry loudly, forgive and sympathize with what ask executive judge.

Although carry out judge bend to do one's best, but because some does not have Jiao Mou really,can offer the property that carry out, this proposal is final can with terminative executive program end a case.

Case 2

In November 2015, xu of person be executived is such-and-such drive produce traffic accident, send application to execute a person bright red such-and-such, Chen Mou some child death, two people are attacked by heavy retype. This case is tried via court of peaceful in relief county, the civil compensation that adjudicates more than yuan 50 to some assumes Xu Mou. After the court decision, xu is such-and-such tardy nonperformance is compulsory, bright red some applies for such-and-such, Chen Mou to be carried out compulsively then. After executive put on record, executive policemen undertook a line go up instantly, check below the line accuse, but did not discover person be executived has deposit, house property and investment. Considering difficulty of front courtyard of other people be executived, do not have truly temporarily can offer executive property, executive policemen carried out a person actively to apply for judicatory deliverance for application, gold of final application deliverance 50 thousand yuan.

Face this kind of person be executived to lose fulfill carry out incapable case ability, objectively without the experience the people's livelihood such as income source, in view of the characteristic of condition of case party family, the court often cannot resemble be opposite " Laolai " in that way, undertake enforcing executive to its, think morely to be carried out however actual economic atmosphere of the person, according to relevant provision, executive judicatory deliverance, much channel resolves difficulty of weak force group. These actual conditions and executive plan, executive judge can tell executive applicant, make define.

"It is difficult to carry out " it is to point to: Person be executived has belongings to be able to be offerred carry out, but carry out as a result of avoid of person be executived, defy carry out, refus does not report to the court belongings, concerned personnel or sectional interpose court are carried out and forensic interior is inactive carry out, protracted carry out wait for an element, bring about a case to cannot be carried out reach the designated position. These cases pass linkage of court of quality of the perfect system mechanism, member that strengthen informatization construction, promotion to execute a person, aggrandizement and relevant section to cooperate to wait can be solved. Top people court puts forward " with two solve basically to 3 years of time it is difficult to carry out " , want to settle this kinds of case basically namely.

"Carry out cannot " it is to point to: Person be executived can be offerred without belongings carry out, in forensic limit all sorts of belongings are investigated and still cannot carry out after measure reach the designated position. The court can not settle this kind of case hard. Be aimed at this kinds of case, the courtyard built top people standard to carry out cannot the case exits a mechanism, namely terminative executive program. This kind is exited and deciduous exit, the court will search clew of belongings of person be executived actively, once accord with a condition to will restore in time to carry out, safeguard a successful party to close right increase with all one's strength.

Hope everybody can know executive work correctly, understanding " carry out cannot " , understand a court, understand a judge.

Ask much portion patience and credit, executive judge goes up in the road all the time...

Ju county court

Carry out compulsively! Not be this to tear open, it is to build

Recently, court of people of county of Shandong province Ju car of 17 policemens drive 40 much kilometers, will to hill of Ju county Chang press down 3 villages village, carry out restorable dispute case one case.

2018

Zhang Jia of application executive person and Zhang Yi of person be executived adjacent of photograph of two messuage base, during Zhang Jia goes out, zhang Yi goes to the lavatory for oneself discrepancy, zhang Jia of general of do sth without authorization curtilage on base south courtyard wall dismantles courtyard wall and part on the west. Talk things over for many times not after fruit, zhang Jia told Zhang Yi the court, first instance adjudicates Zhang Yi reinstates original state of wall of courtyard of Home Zhang Jia, 2 careful maintain original judgement.

Ju county court

Carry out compulsively! Not be this to tear open, it is to build

Recently, court of people of county of Shandong province Ju car of 17 policemens drive 40 much kilometers, will to hill of Ju county Chang press down 3 villages village, carry out restorable dispute case one case.

2018

Zhang Jia of application executive person and Zhang Yi of person be executived adjacent of photograph of two messuage base, during Zhang Jia goes out, zhang Yi goes to the lavatory for oneself discrepancy, zhang Jia of general of do sth without authorization curtilage on base south courtyard wall dismantles courtyard wall and part on the west. Talk things over for many times not after fruit, zhang Jia told Zhang Yi the court, first instance adjudicates Zhang Yi reinstates original state of wall of courtyard of Home Zhang Jia, 2 careful maintain original judgement.

Supervisory courtyard wall is built

Because bilateral party accumulated rancor is old, contrary the sentiment is intense, executive policemen for many times commentate the law is reasonable, all not if really. Ju county court is in after assessing executive risk, coordinate as a whole, guide by superintend and director of executive front courtyard alert of periphery of team of construction, bailiff, lab dogs kinescope, carry out compulsively to this case.

Urge the old person to leave executive scene

Compulsive belt leaves interference executive

In executive process, the mother that person be executived passes 8 a period of ten years in one's age is being held in the arms year young child child, sit in construction of executive place block the way. Persuade via relapsing, by two female bailiff is supported sb with hand its return the home in. Zhang Yi's wife does not listen dissuade, frequent interference carries out a process, the course teachs a warning, written guarantee against disturbs construction courtyard wall, extensive recovers from an illness again the process of appearance, express to respect the lawful property rights and interests of other later.

Courtyard wall is restorable

Crouch through 8 hours defend carry out, the courtyard wall of applicant Home Zhang Jia completes construction, original state is able to restore.

East battalion district court

This, center check to carry out cannot case

On June 7, 2018 early morning at 6 o'clock half, battalion district court dispatchs east 8 execute the law car, 28 carry out personnel, hurry off to all the way east each battalion city villages, undertook centralized executive to ten cases, be opposite especially among them case of 5 executive incapable undertook the key clears, produce the expected result of whole spot survey, undertake be checkinged afresh.

Executive spot

This is east battalion city east the workshop place of 8 Lu Mou companies, whole plant area has not had one person for nothing, the gate tightens a lock, there still is a factory building that did not build inside the courtyard. Executive judge says this company involved a case 24 cases in my courtyard altogether, had exhausted now all sorts of method, still did not check can offer executive property, 24 involved cases belong to executive incapable case, can lawfully terminative executive program.

Clear through the concentration morning, in all arrest sent 3 people be executived, successful hold knot 2, two cases that place of a person be executived involves reconcile on the spot, the part fulfills, carry out reach the designated position many yuan 20 of mark.

? Battalion district court executes bureau leader east

With committee member of delegate of National People's Congress, the Chinese People's Political Consultative Conference

Communicate this to execute the operation

In executive process, east battalion district court is special invited a delegate of National People's Congress and whole journey of committee member of a the Chinese People's Political Consultative Conference to supervise, participate in, the execution that feels a court of justice personally works, they express, feel to wanted a court to adjudicate only all the time before, must carry out, just know today, executive judges want to check accuse it is so belongings, easy to find person be executived to also be done not have.

Judge one's innermost thoughts and feelings

When facing executive incapable case, executive judge is very helpless also, a lot of party think to wanted to referred executive requisition to come to an end to the court only, little imagine still needs him applicant to provide belongings clue sometimes.

Lawsuit of a lot of party is hit win finish to be not taken to money, be being maintained with respect to of course is executive personnel nonfeasance, under one's name of person be executived does not have little imagine belongings, lawfully end be being returned finally is to cannot be carried out after all coercive measures, executive personnel also have no alternative. This kind of circumstance, namely " carry out cannot " .

To " carry out cannot " case, court often with " terminative executive program " end a case, abbreviation " eventually this case " . "Eventually this case " not be to be carried out no longer, after should apply for to carry out a person to discover and providing clue of belongings of person be executived, the case still can restore to carry out.