laitimes

After being detained, he finally admitted that he was wrong

author:Sichuan Rule of Law Daily

"Judge, I really know that I am wrong, I will immediately send money to the workers' brothers, and you will let me go out." In the detention center, the executor Han had a remorseful face. Recently, under the auspices of the Shuangliu District Court in Chengdu, 22 workers finally recovered more than 350,000 yuan of their hard-earned money from Han.

  In June 2020, due to a shoe company in Chengdu refusing to perform its obligation to pay wages in the effective judgment, Lai and others successively applied to the Shuangliu District Court for compulsory enforcement. Due to the large number of people involved, the Shuangliu District Court executed this as a series of cases. A certain shoe company in Chengdu, the subject of the judgment, is a "three noes" enterprise, that is, there is no operating capital, no business premises, no enterprise management institution, and the whereabouts of the personnel are unknown, making it difficult to enforce. On the one hand, the court sent a notice of enforcement, an order to report property, etc. to the person subject to enforcement, but the person subject to enforcement refused to report the property; on the other hand, it inquired into the company's industrial and commercial registration information and went to the company's domicile to carry out on-site investigation, but found no property available for enforcement. Suddenly, implementation reached an impasse.

  During the investigation, the enforcement officers noticed a detail: the company's shareholders and legal representatives had changed in June 2019, while the company's related cases were still pending. According to the company's industrial and commercial registration information form, the Shuangliu District Court quickly rushed to the home of Peng Mou, the current shareholder and legal representative in Chongqing. After investigation, it was found that Peng did not know that he was the legal representative of the company, nor did he know that the workers were in arrears of wages, but he had lent his IDENTITy card to his relative Han.

  After learning of these circumstances, the Shuangliu District Court quickly summoned the company's former legal representative, Han X, to the court for investigation, but Han not only refused to summon him because he had no relationship with the company, but also hid and avoided him when the court went to his home and unit to investigate. After several unsuccessful summonses and investigations, in October 2021, the Shuangliu District Court sent a notice of assistance in enforcement to the Shuangliu District Public Security Sub-Bureau, asking it to assist in the deployment of the control, and finally detained Han after several empty throws. But at this moment, Han still refuses to cooperate with the execution.

  In December 2021, after discussion at the Bureau Council, the Executive Board of the Shuangliu District Court unanimously concluded that Han's refusal to perform the people's court's obligation to assist in enforcement and his blatant contempt of the law had caused serious consequences and adverse effects and should be placed under judicial detention. Subsequently, the Shuangliu District Court took detention measures against Han in accordance with the law. During the detention, Han finally realized his mistake, issued a letter of remorse, and took the initiative to ask for reconciliation. Under the auspices of the court, the parties reached an enforcement settlement and performed it on the spot.

Read on