A day plan depend on morning, the whole year's work depends on a good start in spring. Early spring season, warm suddenly cold still, executive policemen of sea state court does not forget first heart, remember a mission well, continue to go with real operation carry out " judicatory is civilian " tenet and " solve basically it is difficult to carry out " majestic acceptance.
On March 15 before dawn 6 when, begin Chun Xiaqiu winter according to courtyard leading Party group " 4 big battle " unified deploy, executive bureau deals with quickly group and bailiff group carry out policemen arms 18 times to part a way in all, along established course, to book target set out, pulled open " spring assault fortified positions " what carry out an activity centrally is prelusive.
This second " spring assault fortified positions " ransack lawfully abode 5 place, arrest sends 15 people, detain 6 people, hold bear case 13, reach carry out reconcile case 5, carry out reach the designated position amount amounts to 564 thousand yuan.
Case one: Be in debt to still do not hide carry out, judicatory detains tree majesty
[reviewing of details of a case]
Cao Mou relates leasehold issue of folk of the accused Gu Mou, Li Mou, Xu Mou one case, via court decision of sea state court, the accused Gu Mou, Li Mou should pay loan principal 60000 yuan to accuser Cao Mou; The accused Xu Mou is assumed to afore-mentioned money give jointly pay duty. After adjudicating become effective, nonperformance of the accused refus is compulsory, cao Mou applies for to be carried out compulsively to the court lawfully. [executive process]
Be in " spring assault fortified positions " eve, be carried out what executive judge receives application to carry out person Cao Mou to offer the thread that the person makes some dwelling place, on March 15 before dawn 6 when 25 minutes, car of executive policemen drive arrives at Xu Mou abode. Show certificate when executive policemen, show one's purpose in coming, person be executived permits summon to court when some accepts a talk to the court, xu Mou's family is very sturdy claim: "Xu Mou is not in the home. " , desire policemen of block the way enters a room inside, after executive policemen informs the consequence of interference with public function, xu Mou's husband is loath ground get out of the way the door, right now Xu Mou is hiding at the back of of drape.
[executive result]
Xu Mou by " please " arrive after the court, think all the time, oneself are security only, again oneself do not use fund, did not return money obligation. Although return money, also answer to look for Gu Mou, Li Mou first, do not answer to look for me to want money first. Right now, executive judge undertook legal principle Shi Ming to Xu Mou, advantages and disadvantages is analysed, and the law of refus nonperformance is sequential, but Xu Mou still repudiate is compulsory. The basis files executive request, link Xu Mou's performance, via leading ask for instructions to the courtyard, collegiate bench closes discuss, the decision gives Xu Mou judicatory to detain 15 days.
Case 2: Gram of assault fortified positions is difficult do not loosen, executive deterrence hurried is fulfilled
[reviewing of details of a case]
Wei Mou applies for the arbitral Gang Mou that connect the cloud salary of engineering limited company, times doubler wage dispute is met one case, via arbitrating the committee member is mediated, limited company of engineering of the Gang Mou that connect the cloud is one-time before January 15, 2018 pay applicant salary 12000 yuan, exceed the time limit was not fulfilled, need to pay penalty due to breach of contract 3000 yuan separately. After mediating student effect, because was not fulfilled by applicant exceed the time limit compulsory, wei Mou applied for to be carried out compulsively to this academy on Feburary 14.
[executive process]
After executive put on record, this academy takes each step actively, check through the network accuse a system to inquire party belongings state, send service to carry out the legal copy clerk such as advice note to party mail. Accuse via checking, did not discover person be executived has can offer the property that carry out, person be executived also did not fulfil the obligation of report belongings according to executive advice note. Later, the court is active with legal representative of person be executived the phone contacts Dai Mou, inform its talk to the court as soon as possible. Dai Mou acceptance solved a problem to the court on March 12, however before long, phone executive judge claims: "Wei Mou was not mixed I am consultative, apply for to be carried out compulsively, the company does not have money now, informal your court is carried out! " person be executived disregards effectiveness of forensic copy clerk, contradict oneself, the court brings into person be executived list of limitative high spending lawfully. Execute a person according to application at the same time clue, on March 15 in the morning 9 when Dai Mou 20 minutes arrest is passed to the court. Right now, dai Mou returns put up a desperate struggle, firm say the company is in debt more, insolvent worker pay. But ever thought as Wei Mou of this company fiscal person be executived escapes all the time carry out, return the sincerity of salary without countervail, request court undertakes judicatory detain to Dai Mou. Executive judge on the spot to Dai Mou service judicatory detains decision book of 15 days, adopt to its lawfully detain measure.
[executive result]
After check-up, when turning over its jail detain to attend to in executive bailiff, dai Mou by force of executive deterrence force, admitted an error actively, let company treasurer fulfil total obligation, and that day afternoon, also give the salary of a worker entirely pay end.
[judge view]
On record exemple one in, xu Mou serves as security, be adjudicated to assume by the court give jointly pay duty. In executive process, xu Mou only by " I did not use fund, should not return money " simple concept, repudiate law is voluntary, and be punished duely.
Here, so called related concern, a kind of law that is legal provision or party agreement concerns. In this relation, the one person in most debtor or the item that the place that count a person produces, effectiveness and at all debtor. The creditor in related debt relationship, can be opposite the one person in debt, several people or total position right; At the same time or ask demand perfection department early or late or fulfil obligation partly. In this case, xu Mou is sentenced to assume give jointly pay duty, behoove cooperates a court to solve a problem actively, after fulfilling debt, chase after countervail to debtor Gu Mou, Li Mou again through legal approach.
