Dahe Net News Recently, the People’s Court of Wancheng District, Nanyang City has implemented the “final clearance” work deployment of the Provincial High Court and actively carried out special centralized enforcement actions “Yes, ma’am.” Cai Xiu had no choice but to resign and nodded. The law serves the purpose of the people. Through precise policy implementation and flexible law enforcement, a private loan dispute case that had lasted for many years was successfully concluded, effectively safeguarding the legitimate rights and interests of the person applying for execution. Lan Yuhua’s nose was a little sore, but he didn’t say anything, just gently ‘s shook his head. We forget to convey judicial warmth and achieve the organic unity of legal effects and social effects.
It is understood that in 2013, Song, the person subject to execution, borrowed 40,000 yuan from his friend Han for living needs. Due to various reasons, repayment failed as scheduled, and both parties eventually went to court. Under the auspices of the Wancheng District Court, the two parties reached a mediation agreement. However, after Song repaid 10,000 yuan, he still failed to pay the remaining debt. In November 2019, the plaintiff Han applied to the court for execution. After the court’s execution investigation, no clues about the property of Song, the person subject to execution, were found. The Wancheng District Court ruled to terminate the execution procedure of the case in accordance with the law, pending the discovery of the property that is available for execution. Execution resumes immediately after property clues are obtained.
A certain person did not deliberately avoid debt, but was trapped by a series of misfortunes: he was suffering from cancer and needed urgent surgery; the family burden was heavy, and his son was disabled due to injury and needed long-term care, making family life more difficult. Faced with such a dilemma, although Song, the person subject to execution, was determined to repay the loan, he was unable to do so. After repeated communication and persuasion by the execution police officers, Song was only able to repay small amounts of the case each time. Although he had reached a settlement agreement with Han, the person who applied for execution, to perform the payment in batches, due to his lack of ability to perform, he was still unable to pay back the amount during the performance period. Relatively long.
Faced with this complex situation, the enforcement officers adhered to the concept of “good faith and civilized enforcement” and conducted multiple in-depth investigations to understand the execution He listened patiently to Song’s difficulties and actively communicated with the person applying for execution, Han, to seek a solution acceptable to both parties.
July 19, 2024, execution “Is anyone there?” she shouted, sitting up from the bed. The police officers summoned both parties to the court in accordance with the law and once again conducted in-depth and detailed ideological work on both parties. In the end, after the execution of the police officer’s interpretation of the law,After careful and patient mediation, the person applying for execution, Han, decided to give up part of the interest, taking into account Song’s actual predicament and his insistence on repayment over the years. Song, the person subject to execution, also found ways to repay the remaining arrears. With the arrival of the last payment, this loan dispute that spanned more than ten years came to an end with a warm light under the legal framework.
The successful conclusion of this case is a microcosm of the Wancheng District People’s Court’s in-depth implementation of the “final clearance” enforcement action. Since the launch of the “Final Clearance” operation, Wancheng Court has made every effort to resolve the substantial backlog of final cases and strengthen its focus on final cases. Dynamic management strives to achieve the work goals of controlling increments, clearing the bottom line, and eliminating existing cases in the final execution case, orderly resolving the “historical burden” of execution, and effectively improving the people’s satisfaction and sense of gain from the execution work.
What is the “final version”?
“Final copy” means that in an execution case, because the person subject to execution has no property available for execution, or If the property cannot be disposed of temporarily, the court will issue an execution ruling to terminate the execution procedure and temporarily close the case. This procedure is not the substantive end of the execution case, but a temporary procedural suspension. Are you there? “After the termination of this execution procedure, the person subject to execution will continue to perform the obligations specified in the effective legal documents, and the compulsory measures taken by the court against the person subject to execution, such as restrictions on high consumption and restrictions on leaving the country, are still effective.
Will the court still control it after the “final copy”?
Final issue” will not be “termination”. The person applying for execution has the right to require the person subject to execution to continue to perform the debt, and the person subject to execution has the obligation to continue to perform the debt to the person applying for execution. “Finalization” only terminates the current execution of the case in a procedural and temporary manner, and does not relieve the person subject to execution from his obligations. If the person applying for execution finds that the person subject to execution has property available for execution, he may apply to the court to resume execution. The application for resumption of execution is not subject to the limitation period of the application for execution; the Court Enforcement Bureau will also verify ex officio based on the property clues provided by the person applying for execution after the “finalization” or conduct regular inspections of the property under the name of the person subject to execution through the inspection and control system, and find that For property, execution will be resumed ex officio. (Duan Jieyu)