The refuse to be convinced until one is faced with grim reality holds large family soft costal region avoid of try every means is carried out
The member that forensic a gleam of executes a person uncovers secret to often bilk psychology
Go in corridor of office building of executive bureau of court of intermediate people of city of Hubei province Wuhan, you can sense determine the victory deeply " solve basically it is difficult to carry out " pressing --
5 Wuhan quadrangle carries out executive place decide the issue of the battle " solve basically it is difficult to carry out " fight graph suspension is in corridor, make clear with form form on the graph tagging close undertaker, newly, service, network is checked accuse, the tradition is checked accuse, talk about first, can deal with belongings (the case is counted) , be on the move, not was on the move wait for information. Fight does diagram standard lower part have group " does tabulation explain " : ? The job inside day of?0 of of suck Zhai advances a watch, use at statistic all did not written guarantee case.
"Go all out in work tenaciously, hit stoutly win ' solve basically it is difficult to carry out ' tough fight " , every fight graph most this word of lower part, those who let the member that the person finds executive person is not easy with determined.
"' solve basically it is difficult to carry out ' fill neat court executive force is short board hind, laolai people multifarious protracted art is the problem that need solves mainly. " Xie Weiping of director of Wuhan quadrangle executive bureau says.
Is person be executived to cherish why to plant should psychology often go back on his word? " legal daily " the member that the reporter interviewed a gleam of of Hubei court part to execute a person today, ask them to combine specific executive work to analyse Laolai's psychology.
Procrastinating one day is a day
Be informed the edge that be adopted to accuse measure, inside half hours, wu Yan of person be executived with respect to collect neat carry out a paragraph 1.3 million yuan and fulfill end.
Wu Yan is Hong Kong dweller. September 2013, she and accuser signed Wuhan city Jiang Han district to be in business to extend the contract that rent. Because business spreads the requirement that cannot obtain commitment of the contract that rent, both sides to talk things over,do not have if really, to lodge a complaint of quadrangle of accuser Xiang Wuhan, the requirement is sentenced make remove the immediate pecuniary loss that business extends the contract that rent, Wu Yan to return the cash pledge that rent a house, Wu Yan to because behavior of its break a contact gives accuser to just be caused,be compensated for instantly and penalty due to breach of contract.
"From accept this case to rise, wu Yan basically did not appear, advice note of put on record also be announcement service more. " this case undertakes the judge says.
Court of first instance is found out, during lawsuit, in September 2014, other tenement manages relet of building of case of experience of Wu Yan general use.
The Wu Yan in first instance puts forward countercharge, but final court adjudicates accuser wins the lawsuit. Wu Yan puts forward to appeal, last year on December 25, forensic final judgment adjudicates Wu Yan to lose a lawsuit.
After adjudicating become effective, turn into executive program. The member that Wu Yan follows the executive person of Wuhan quadrangle " play rose to be missing " -- or does not pick up the telephone, or was received denying his is person be executived, hair short message also does not reply.
This year on May 3, executive personnel registers the mobile phone number in the court to send a short message to Wu Yan, inform its to the court already closed down and prepare to deal with its are produced in the another flatlet of Wuhan, already adopted limitation to leave the country to its at the same time measure.
Wu Yan replies instantly short message, say to will arrive early in the morning on May 7 forensic butt joint is carried out reconcile matters concerned.
Both sides reachs a court according to it, executive personnel organizes mediation. At the beginning, wu Yan hopes can instalment, but application executive person does not agree, because Wu Yan does not say sincere letter, do not believe she can pay on schedule.
See can no more protracted, be faced with an edge to accuse again, close down house property and likely judicatory are detained, wu Yan spot calls raise money, fulfill that day end.
Last a period of time 4 years, accuser already just was opposite originally can want to answered executive money to lose confidence, did not think of to be able to be carried out quickly reach the designated position.
"Of executive speed exceed quickly greatly imagination! " in be being believed to the acknowledgment of Wuhan quadrangle, application carries out a person to be written.
Wuhan quadrangle carries out Yu Yinghui of executive department deputy director general to tell a reporter, the Laolai in a lot of executive cases, not be to do not have belongings really, do not be willing to be taken however, procrastinating one day is a day, until the last moment nonperformance, alleged " refuse to be convinced until one is faced with grim reality " .
Exploit loan loophole
30 million yuan of loan " hit water to float " , some commercial bank can assume a case to carry out incapable law hazard only however.
At the beginning of September 2013, company of development of estate of some commercial bank and some century holding company, some buy, Shaanxi saves the person such as company of some mining industry and Qiu Tao to sign home to protect manage business contract. Of the same age in September the last ten-day of a month, some commercial bank just extends to the contract financing borrows money 30 million yuan.
Borrow money because of cannot calling in, to lodge a complaint of quadrangle of Xiang Wuhan of some commercial bank.
Wuhan quadrangle cognizance is found out, some century holding company offer to this commercial bank, the contract of receivable Zhang money that enjoys to some steely group company and bill all are fiction, cast aside the civil liability of steely group company clear. Final, wuhan quadrangle decides lawfully the debt of person pay off such as some century holding company, Qiu Tao.
After entering executive order, although the court is passed " 4 check " , also check person be executived to deposit money only 10 thousand multivariate, annulus await close down gross area the building of 260 much square metre two.
"10 thousand multivariate deposit is an utterly inadequate method in dealing with a severe situation to the creditor's rights of the commercial bank, annulus await the building that close down to cannot deal with again. " the member that this case executes a person says, this company is the person goes already the building is empty, legal representative and individual all do not know whereaboutldirection, all service are passed mail or announcement means, can terminative executive program.
Yu Yinghui says, the execution that this case is a model cannot case, fountainhead was not controlling the commercial risk of good oneself and legal venture at creditor.
"The ground deliberatelies plan to make up when leasehold person financing a series of contracts, bill, and all contracts, bill has Xerox not to have original only. According to the regulation, the commercial bank is borrowing money the evidence that one by one answers to check loan to offer when examine and verify. " handle a case personnel says.
Why does the criminal duty that doesn't the commercial bank investigate the person that offer false note perhaps chase after countervail to person of loan examine and verify?
The member that court of a basic level does not wish to announce the executive person of the full name tells Hubei the reporter, because commercial bank oneself exists,this is " soft costal region " , if find out usurer to offer the criminal responsibility of false bill, with respect to examine and verify of loan of meeting general oneself lax flaw is exposed without involuntary discharge of urine, and even be chased after accusatorial duty.
"A little old Lai Qia just is to see this, hold the soft costal region that allowed financial orgnaization, not dread borrows money with a huge sum of false data application. " this executive personnel says.
Spent procedure is protracted
Before the court is auctioned application company goes broke liquidation, use arbitral mediation to be carried out with avoid of room pay a debt in kind or by labour, prevent through case alien and its son demur carry out... these looking like " lawful " the gimmick that means avoid carries out, ma Ju was used.
On January 11, 2016, on Feburary 22, application of limited company of one state-owned imports and exports carries out Wuhan executive case of chrysanthemum of limited company of Beijing west spin and legal representative of western spin company, president horse, the forehead of experience record label 120 million yuan.
In carrying out, wuhan quadrangle froze the 100% equity that Ma Ju enjoys in company of Beijing west spin, annulus await closed down the house property that its under one's name is located in Guangdong to save Dongguan city, Hainan to visit big talk town.
On August 1, 2016, under one's name of company of spin of west of Beijing of auction of Wuhan quadrangle preparation is located in Beijing to connect county of state division to press down the estate of economic developing zone, protocol auction time will be on September 19.
But of the same age on September 7, beijing connects put on record of court of state division people to try company of Beijing west spin to go bankrupt liquidation proposal.
Because of be being carried out the company applies for to go bankrupt, be carried out person of short duration is not had can offer executive property, wuhan quadrangle must stop to auction.
Equestrian chrysanthemum under one's name is located in the one flatlet of big talk to produce, value 10 million yuan. In April 2016, ma Ju in order to compensate for employee wages, bonus the name that wait, give its employee through arbitrating mediation mortgages house property. After ruling of court of intermediate people of big talk city does not grant to carry out arbitral adjudication, wuhan quadrangle evaluates afore-mentioned house property the auction.
After house property evaluates chrysanthemum of report service horse, two her sons carry out in order to advocate house property poses block of case alien demur for successive portion however again.
Via examining, wuhan quadrangle is found out, case alien place carries demur to be not had at the law according to, its demur reason cannot hold water. Current, because Ma Ju is suspected of refus hold the blame is moved to send public security mechanism processing.
"The demur that like this kind excessive use statute gifts, program that reconsider is hit ' protracted battle ' do not be in a few. " Yan Gang of vice director of center of Wuhan quadrangle executive command says, some people be executived know perfectly well belongings to evaluate the report is objective justice to also want to raise objection, and be in more 15 days of demur period put forward when at the expiration of one's term of office nearly, exhaust the program, can procrastinate.
The member that a gleam of of court of a few basic level executes a person tells a reporter, have more very person, some people be executived are adopted " sign " (time shifts to an earlier date) business contract or the contract that rent, basis buying and selling is not broken rent wait for principle of basic law law, arrange the 3rd person to put forward to carry out demur, block is carried out however.
"Carry out say justice, also want to stress efficiency. How to stem person be executived is applied ' lawful ' the behavior that method block carries out however, the relevant function branch that is worth to include a court of justice inside thinks jointly. " Xie Weiping says, decide the issue of the battle " solve basically it is difficult to carry out " , division still requires each resultant force outside courtyard effort.
(Should cover object demand, be carried out in article average per capita is alias)
