On June 12, 2018, court of a mountainous area people is opposite wild goose of city of Guilin of Guangxi Zhuang Autonomous Region one case the case reconciles with carrying out means general " carry out cannot " translate into is carried out end, the case of issue of liability of accident of motor vehicle traffic that is as long as 5 years gets finally be settlemented satisfactorily.
In June 2013, qin Mou drives two rounds of autocycle happening that motor tricycle and Wen Mou drive collide, cause the road transportation accident that Wen Mou dies. Policeman branch is maintained, qin Mou assumes main responsibility, wen Mou assumes less important responsibility. Because both sides compensates for a problem not to amount to unanimous opinion, wen Mou's relative tells Qin Mou and insurance company to the court. Via cognizance of court of first instance, 2 careful, adjudicate 116 thousand yuan finally to insurance company is paying the compensation inside strong danger limitation, qin Mou compensates for 232 thousand yuan. After adjudicating become effective, insurance company already was fulfilled entirely end, but adjudicate Qin Mou compensates for a part to did not get fulfilling.
On July 11, 2014, wen Mou's relative applies for to be carried out compulsively to the court lawfully. In executive process, executive judge inquires the property information such as Qin Mou house property, car, industrial and commercial, bank deposit lawfully, but all do not have can offer executive property. The judge heads for circumstance of the understanding in Home Qin Mou for many times, organize application to carry out person and Qin Mou to coordinate for many times, ransack to undertaking in Home Qin Mou for many times, but Qin Mou cannot go out because of body reason Wu labour, one-time without ability compensation ends. Have copy clerk of judge of refus nonperformance become effective to compensate for voluntary action certainly in view of Qin Mou, the court detains 15 days to its judicatory lawfully. Come from 2015 in 3 years of time 2017, executive judge all did not stop pair of Qin Mou carry out, but because Qin Mou is faint,all compensate for and both sides reconciles to compensating for number issue to cannot be reached and end. Qin Mou also spent 3 unforgettable Spring Festivals in the jail. Even if is such, qin Mou still is compensated for feebly.
2016, carry out the circumstance of difficulty of economy of family front courtyard in the light of application, court of wild goose hill has help somebody in danger or difficulty of national administration of justice to applying for to execute a person, in making gold of deliverance of 50 thousand yuan of judicatory application carry out hand, alleviated the difficulty that applies for executive person. In April 2017, below the indefatigable effort that sponsors a judge, both sides reachs total indemnity to be 95 thousand yuan eventually, the execution that deadline for performance is as long as 6 years reconciles agreement. After signing an agreement, qin Mou fulfilled brushstroke compensation according to it, but arrived after deadline for performance, qin Mou can fulfill 10 thousand yuan only, the amount that than reconciling the agreement agrees is little 15 thousand yuan. After executive person Wang Mou hears this news, application cannot be accepted, below the situation that does not understand constituent relatives and friends heads for a court interrogatory, blame sponsor a judge, linger for a long time even sponsor judge office, appear surround sponsor a judge to come off work wait for abominable case. But executive judge still explains patiently to its.
2018 Spring Festival eve, the application on executive judge belt carries out person Wang Mou to ransack again, the difficult situation in seeing someone be executived persuades unship in executive judge, wang Mou blames a court no longer, put forward actively to need Qin Mou only one-time compensation can reconcile 35 thousand yuan. Sponsor a judge to hear very gratified, after be as long as those who count a hour to communicate, qin Mou of person be executived also agreed with afore-mentioned plan eventually. On June 5, 2018, below forensic organization, qin Mou is taking family to follow borrower will to the bank take out 35 thousand yuan to be handed in in applying for to carry out hand, both sides is being carried out reconcile sign on the agreement, the case is carried out end. Dissolved the contradiction that is as long as 5 years and heart knot for bilateral party.
In recent years, court of wild goose hill is answered actively " solve basically it is difficult to carry out " appeal, be in especially 2018 " decide the issue of the battle is solved basically it is difficult to carry out " assault fortified positions in year, this courtyard increases executive strength ceaselessly, through the network is frozen, buckle delimit wait for measure to control property of person be executived in time, release exposure to break his promise to be carried out high spending of person list, limitation, compulsive arrest is passed detain wait for compulsive method to force be carried out the person fulfils obligation, obtain better result, safeguard the legitimate rights and interests of party effectively. But be not every case to belongings can be offerred carry out, can carry out the total obligation with affirmatory copy clerk of judge of ending become effective inside short time. Often apply for to carry out person general partly afore-mentioned " carry out cannot " the circumstance returns duty criticise at the court the court sponsors a judge to carry out even not do one's best, alternative carry out.
Judge view:
The case that people court carries out divides roughly it is two kinds big: The first, person be executived has belongings to be able to offer executive case; The 2nd, person be executived can be offerred without belongings carry out, carry out the case that the method still cannot carry out via carrying out forensic limit, this kinds of case is " carry out cannot " case. "Carry out cannot " it is to show classics people court inquires person be executived lawfully after the belongings clew such as bank deposit, industrial and commercial, house property, car, discover person be executived is lost fulfill ability, can carry out a condition for carry out or be not being had without belongings, bring about people court to cannot carry out forensic case entirely. Should decide " carry out cannot " when case, via talking about application to carry out about the person agrees or collegiate bench of courtyard of person civil code examines a nucleus solid, the ruling is terminative executive program. After staying terminative executive course, application carries out a person to discover person be executived has what can offer the property that carry out, can apply for to restore to be carried out compulsively lawfully, during applying for not to get the effectiveness for a given period of time that application executes again, restrict.
"Carry out cannot " do not be equal to " it is difficult to carry out " . "It is difficult to carry out " it is to show people court finds out person be executived to belongings can offer the case that carry out and cannot get be executived in time entirely, main show is person be executived to defy carry out or avoid is carried out, be transferred intentionally or conceal belongings, dodge the creditor. The case wins the lawsuit and not be equal to the right to come true necessarily, carry out be not accomplish in one move, not be all-purpose more. Appear when executive circumstance " carry out cannot " when, the proposal applies for to execute a person can mature person be executived fulfills ability circumstance, carry out be not can be to fulfill obligation to be carried out entirely entirely only reach the designated position, exorbitant expectation value often has certain difference with executive current situation, more do not want the executive result that did not achieve oneself to ask vent one's anger on sb who's not to blame at the court, blame a court to was not paid. No matter case property how, the court is carrying out the person's rights and interests to rush about everywhere to realize application, achieve the referee result with become effective certain writ, also be the target of people court and expectation. Court of wild goose hill will apply all enforcing to implement a measure lawfully, exhaust can safeguard application adequately to carry out a person to close right increase.
