Refus hold the blame gives in carrying out a process actually " Laolai " people aeriform pressure, often be under this kind of weigh, capable to carry out and be carried out what refus does not carry out the person perhaps has on behavior bring about directly be carried out without what can offer the property that carry out person, what can fulfill a court in time to adjudicate a ruling is compulsory, make apply for to carry out human rights beneficial to get effective safeguard. Recently, static sea court is clever apply refus hold blame, successful hold the case of traffic cause trouble that the knot is as long as 8 years together.
Successful hold the case of traffic cause trouble that the knot is as long as 8 years together..
Reviewing of details of a case
In Feburary 2010, the Jing Haifa on Beijing Shanghai high speed produced a traffic accident inside courtyard area under administration, zheng Mou drives the minicar barge against that small-sized passenger car and Zhao Mou drive, two cars defend with high speed respectively after column barge against, create Zhao Mou vehicle Wang Mou of excellent car person (Zhao Mou's husband) , Zheng Mou and its car are excellent car person Li Mou (Zheng Mou wife) wait for a person to get hurt, two cars and highway establishment damage. Group of Shanghai of Beijing of detachment of high speed of management board of traffic of public security of classics Tianjin city is maintained, zheng Mou suffers an accident total liability. After accuser barks some treats an end in the hospital, ever waited to had undertaken for many times communication with Zheng Mou with respect to the relevant charge such as follow-up cure and disability compensation, hind classics is harmonious not if really, tell Zheng Mou and insurance company then to Jinghai court. Classics cognizance, static sea court makes triplet early or late civil judgment, adjudicate 122000 yuan to some insurance company compensates for accuser to bark some couple adds up to in all, adjudicate 1073655.75 yuan to the accused Zheng Mou recoups loss of the others of Wang Mou's couple, and after the accused Zheng Mou fulfills 25000 yuan of compensation merely with all sorts of excuse evade, escape, the rest was not returned 1048655.75 yuan.
Executive process is immersed in predicament for a time
Wang Mou of the accuser after triplet report go into effect's couple applies for to carry out to static sea court namely, the forehead of case total bid makes an appointment with 1.04 million yuan. Inside the in the regulation deadline after the court is accepted, to service of person be executived belongings of executive advice note, report makes wait for writ. Undertaker is carried out what mention expressly by judgment at the same time person address entrusts local court to investigate its belongings clew, local court response did not check clew of belongings of this person be executived, the case carries out process at a stand. Hind classics undertaker is communicated with Wang Mou's couple and its attorney for many times, below the patient explanation of undertaker, accuser agrees with 3 cases one-time to pay 600 thousand yuan, can reconcile end a case, but Zheng of person be executived agrees with 3 cases some in all compensate pays 500 thousand yuan, and should fulfill in installment, give every year namely pay 100 thousand yuan. Bilateral opinion occurrence difference, undertaker for many times the phone contacts former defendant, bright law commentate manage, endeavor to facilitate both sides reconciles, but phone of person be executived did not put through, the case is carried out enter stalemate again.
Person be executived is missing mysteriously
Accuser barks some couple calls static sea court to enquire whereabouts of person be executived and case carry out a circumstance for many times, but person be executived has never been heard of since from beginning to end. Undertaker did not abandon accordingly, pacify the mood of accuser at the same time, continue at the same time all-around, much angle begins executive work. To search Zheng Mou's whereabouts, case undertaker goes to judgment to carry bright Zheng Mou address undertakes inquiring, go up according to judgment again carry bright Id date entrusts police station of seat of its native place to inquire Zheng Mou falls, but all did not check clew.
Extensive of the arm of the law is scanty and do not leak
Static sea court is clearing in case of experience the people's livelihood, undertaker passes much square platoon to check, much place is visited, use all sorts of methods, below the assistance of door of the Ministry of Public Security, defined positional information of Zheng Mou, learn to be carried out the person is in with other jointly owned a cafeteria, and 1/3 what hold this store share. And arrive at cafeteria hind when undertaker, again fail to get or achieve what one wanted, be informed tricky Zheng Mou to leave already, withdrawal shares money paid for shares 52000 yuan, because this is brokenhearted,undertaker is done not have, still be certain person be executived is unable to escape the net of justice from beginning to end.
Via checking, after the accident up to now, zheng some husband and wife did not answer ancestral home to live for a long time, however and other places of lukewarm city of flounder Shandong, Yunnan, Zhejiang runs the business. Take Zheng Mou to reach its from tone look on wife bank information and account capital flow, the capital flow that turns into account of bank of the 2 people after carrying out in the case is 455923.52 yuan (Zheng Mou is 6766 yuan, zheng some wife is 449157.52 yuan) , bank account of Zheng Mou sees an activity scarcely, complete by its wife account income and expenses of Li Mou. Tricky Zheng Mou is adopted hide, the obligation of the traffic damages that transfers belongings to escape an agree to carry to the means of its wife under one's name, the clue is abominable. Although be during investigation,the persuasion that in its village, town leads plays Zheng Mou's father, give for Zheng Mou paid 50000 yuan of compensation the money, but ever since in order to be badly off fulfill no longer. Promise to replace its by him originally child come the court talks things over further, hind classics connection, again and again evade.
Refus hold deterrence lays the blame " Laolai " reconcile fulfill
Integrated above circumstance, after undertaker of static sea court thinks Zheng Mou of person be executived makes his have the court decision that pays obligation in people court, this answering the obligation that consciousness fulfils legal copy clerk actively to decide, but its fall in the case that has income, refus nonperformance court adjudicates affirmatory obligation and everywhere conceal, this behavior already was suspected of forming refus not to carry out a court to adjudicate a blame. According to " criminal law of People's Republic of China " the 313rd, " top people court adjudicates statute of ruling case comfortable use about trying refus to be not carried out the explanation of a certain number of problems " the 1st regulation, the proposal investigates criminal duty of Zheng Mou.
Static sea court handles a case personnel is being carried out of mechanism of public security of seat of person ancestral home cooperate to fall energetically, the whereabouts that found Zheng Mou reachs its summon to court successfully place court, undertake criminal detain to Zheng Mou lawfully, its detain reachs static sea detention house, subsequently, public security mechanism submits to the procuratorate arrests his. In refus hold the pain is tremendous under psychological pressure, case undertaker goes when Zheng Mou of detention house arraign, zheng Mou requests actively to reach reimbursement agreement, by its father generation its are given pay 50000 yuan of executive moneys, surplus money gives every months by its pay 3000 yuan to pay in installment.
Zheng Mou by hind of be bailed out, begin a few months to still can give by the agreement pay executive money, hind again a variety of reason reject to pay. Of Wang Mou entrust a lawyer to request to issue lawyer investigation to make for its to static sea court, investigate the belongings case of Zheng Mou's husband and wife, case undertaker also gets in touch with Zheng Mou for many times, tell about refus hold guilty harm and abominable influence, final, zheng Mou realised his place does the harm that is pair of societies and other, express regret. Classics and Wang Mou's husband and wife talk things over, secondly the person agrees to deduct Zheng Mou to already gave paid money, again the gender gives pay 400000 yuan but end a case. Bilateral party and attorney come to Jinghai court jointly after, by the negotiation of beforehand content was signed carry out reconcile agreement, the case of traffic cause trouble that makes this has all previous classics 8 years drew satisfactory full stop eventually.
This is " Laolai " in refus hold below the powerful pressure of the blame, reach actively reconcile agreement, successful hold the classic case of the knot. Henceforth, carry out the job to be highlighted further mandatory, punish lawfully refus hold crime, measure of punish of sufficient play criminal carries out working authority in promotion, drive solve carry out difficult, stimulative society the positive effect of respect of construction of sincere letter system, be carried out what static sea court does not carry out serious to the clue refus people court court decision, ruling person, apply criminal law method adequately to give severity is hit lawfully, lay off bottom line, awe often goes back on his word. Those who invite party win the lawsuit rights and interests gets be ensuringed adequately, let people feel fair justice in each executive case.
