Executive Board at Chaoyang Court
There is a little expert in scouting
He graduated
Chinese Major in Criminal Investigation, Minmin Public Security University
Know how to scout, can sanda
But he didn't choose to become a policeman
It's about "abandoning the rong and following the text."
Became a people's judge
His name is Zhang Kaihua, 33 years old, he joined the Chaoyang Court in 2014, transferred to the court's executive bureau in 2016, and has now worked in the executive bureau for 6 years, and is a full-fledged executive "veteran". "Take the affairs of the parties as their own affairs" is a sentence that Zhang Kaihua often hangs on his lips, and in the past 6 years, Zhang Kaihua has handled no less than 4,000 large and small enforcement cases.
"Like criminal investigations, enforcement must be stripped away."
A few years ago, Zhang Kaihua handled an enforcement case caused by a vicious dog injuring a person.
One night in July 2016, Ms. Zhou went out for a walk as usual after dinner, and without preparation, she was thrown down by a giant Rottweiler dog rushing out of the roadside, biting for nearly 10 minutes, and the dog owner Feng heard the call and hurried to pull away the dog, and then took Ms. Zhou to the hospital. When she was taken to the hospital, Ms. Zhou's whole body was blurred with blood and flesh...
After the hospital diagnosis, Ms. Zhou's right buttock bite was serious, buttock cyst, hip peripheral nerve damage, mixed neuropathy, Ms. Zhou underwent buttock abscess incision and drainage surgery, and stayed in the hospital for 58 days. After being discharged from the hospital, Ms. Zhou's wound was repeatedly inflamed, and her right leg often felt numb, so she had no choice but to re-enter the hospital for treatment, and received 152 days of treatment for the second hospitalization.
During the long treatment process, Feng never showed up. According to Ms. Zhou's recollection, Feng only took 5,000 yuan when he first sent her to the hospital, and has not given a penny since. "I consulted with him several times, and in the end I simply stopped answering my phone, and I couldn't help it, so I came to the court..."
After taking over the case, Zhang Kaihua decided to meet this Feng for a while.
Feng mou was very cooperative, and came to the court according to the agreed time, and there was also his "wife" En Mou who followed Feng Mou. The husband and wife behaved demurely and decently, in front of Zhang Kaihua's face, expressed deep apologies to Ms. Zhou, and even shed tears of remorse, and the two patted their chests to assure Ms. Zhou, "Within a week, the money will definitely hit your account!" En also expressed his willingness to sign a settlement agreement with the applicant as a guarantor. Considering the rights and interests of the applicant for enforcement, and weighing the possible impact of taking compulsory measures on the person subject to enforcement, Zhang Kaihua decided to give Feng a week of performance period.
In the blink of an eye, a week has arrived, but Ms. Zhou's account has not moved, let alone 100,000 compensation, that is, not even a fraction of it. When Zhang Kaihua tried to contact Feng and his wife again, the opposite side turned out to be no one.
After realizing Feng's "Lao Lai" behavior, Zhang Kaihua immediately launched the action, he looked through the case file materials over and over again, and finally found clues. Zhang Kaihua followed En's social security information to find her work unit, and found that En was actually a doctor in a well-known hospital, Zhang Kaihua hurried to the hospital, but unexpectedly, this En was not a person...
It turned out that Dr. En had lost his ID card when he was traveling, and the "En" who had previously gone to court with Feng was a fake, and the relationship between the two was also fictitious. Before Feng Mou's "couple" bowed their heads and confessed their mistakes in the executive bureau, it was just a "drama" staged to buy time to avoid execution.
In order to find the person subject to enforcement as soon as possible, Zhang Kaihua accompanied En to the public security organ to report the case at the first time, and the public security organ filed a case against the person subject to enforcement and his "wife" for fraudulently using other people's identity documents, and put it under control. At the same time, Zhang Kaihua initiated criminal transfer procedures in accordance with the law to pursue the criminal responsibility of the person subject to enforcement for refusing to carry out the judgment. With the mutual cooperation of Zhang Kaihua and the public security police, the evidence of the judgment debtor fraudulently using his identity to evade the court's untrustworthiness and restrict consumption punishment measures was fixed, and finally Feng was arrested in a luxury hotel. After the case was arrested, Feng admitted that it was his girlfriend Jia who pretended to be En before, "It was true that I wanted to repay the money at that time, but when I heard that the follow-up would also generate treatment costs, I didn't want to give it." At this time, Feng mou still insisted that he was unable to compensate Ms. Zhou's high medical expenses.
At this time, Zhang Kaihua took out a wad of A4 paper, which was full of details recording Feng's dozens of visits to star hotels and high-end bathing places. In the face of solid evidence, Feng finally stopped arguing and confessed that in order to avoid execution, he deposited all his income into the account of his girlfriend Jia Mou's father... After several twists and turns, Ms. Zhou finally got the payment for the execution of the case, and Feng was finally sentenced to one year in prison for refusing to carry out the crime, and received the punishment he deserved.
Handling enforcement cases is sometimes the same as cracking a case, Zhang Kaihua said, "This is very similar to criminal investigation, you must be patient, follow the details to peel back the cocoon, you can always find the truth."
"Traveling is a common thing, and you have to run for the sake of the parties"
Business trips are already commonplace for Zhang Kaihua.
The farthest one was to go to Xinjiang. It was a case in which a natural person applied for an enforcement company, the executed company held the equity of a large chemical enterprise in Xinjiang, and after the case entered the enforcement procedure, the court repeatedly communicated with the executed company about the equity appraisal, and the executed company tried to block it for various reasons, and the equity appraisal work could not be started for a long time.
In order to find out the actual situation of the executed company, Zhang Kaihua and his colleagues embarked on a "journey" to Shihezi, Xinjiang.
As soon as the plane landed, heavy snow fell in Xinjiang and the highway was closed. In order to arrive on time, Zhang Kaihua and his party decided to drive to the provincial highway. After more than 5 hours of trekking, we finally arrived at the agreed place before dark. Zhang Kaihua did not care to drink hot water, got out of the car and threw himself into the preparation of asset appraisal. It took a week and all the asset appraisal work was completed, which also laid the foundation for the subsequent equity auction.
"The winter in Xinjiang was really cold, and the day we went was more than 40 degrees below zero, but I was able to get this done, and I felt solid," Zhang Kaihua said.
Another time, in order to fulfill a promise to the person concerned, Zhang Kaihua drove 658 kilometers to the southern suburbs of Yuwangtai in Kaifeng City, Henan Province.
Zhongguancun Technology Leasing Co., Ltd. lent more than 30 million yuan to Green Energy Hi-Tech Group Co., Ltd. and Green Energy Hi-Tech Co., Ltd. After the expiration of the contract, the two companies did not repay as agreed, and Zhongguancun Technology Leasing Co., Ltd. applied to the court for compulsory enforcement.
After getting this case, Zhang Kaihua first inquired about the property of the company that was applied for execution, and found that there were indeed no funds, stocks, vehicles and other properties under the names of the two companies to execute, but there was also a gas station under the name of the two companies for normal operation.
But here's the problem. What should I do with gas stations? Can gas stations be auctioned? There is no experience to follow in this work.
There is no way but also to find a way, and the right to succeed in the lawsuit of the applicant for enforcement must be guaranteed. With this idea, Zhang Kaihua rushed to Kaifeng and other places in Henan Province three times to investigate, in order to find out the complex context in the work of disposing of gas stations. How to dispose of the gas station's land, houses, gas equipment, and franchise qualifications. In order to figure out these questions, Zhang Kaihua went to the administrative department many times to understand the situation, consult opinions, do enough homework, and finally have an answer, and the gas station can be auctioned!
After several months, the gas station was finally auctioned for 15.516 million yuan, and a stone pressed on Zhang Kaihua's heart finally fell to the ground.
But new questions arise. The gas station is sold, how should the employees of the gas station be placed? There are 11 old employees at the gas station, all of whom are locals, because the management of the gas station is chaotic, and the situation of arrears of employee wages has occurred from time to time, and when they hear that the gas station is about to be sold, the employees are even more anxious, "Once the gas station is sold, are we going to lose our jobs?" ”
The handover of the gas station coincided with the epidemic, and it was not easy to find a new job at this time. "If everyone loses their jobs because of the auction gas station, then my case is still not handled," Zhang Kaihua said. In order to ensure the follow-up work of the gas station employees, Zhang Kaihua went to Henan again to communicate with the buyer, and finally, the buyer expressed his willingness to continue to hire all the original employees, and promised that the salary would not be lower than before.
"The enforcement judge has been running on the road for many years, saying that he is not tired is false, but when he sees that the parties are satisfied, he feels that everything is worth it."
In life, Zhang Kaihua is the father of a 2-year-old child, and he often feels guilty about his family. Execution work is different from ordinary office work, not nine to five, more "on call" and "walk away". Talking about his work, Zhang Kaihua said that sometimes he also wants to give himself a vacation, but the legal emblem on his chest and the responsibility on his shoulders are not allowed to stop, and the people are helpless to come to the court, if we don't care in the end, how can their legitimate rights and interests be protected? The significance of enforcement work is to enable the rights and interests of the winning parties to be realized in a timely manner.
Contributed by: Chaoyang Court
Editor: Liu Jiabao Yao Rihui