CCTV News: Today we come to know an enforcement judge of a grass-roots court, who is Zhao Xin of the Daxing District People's Court in Beijing. Let the effective judgment not be a judicial "white strip", but a real right and interest in the hands of the parties, which tests not only the courage of the enforcement judge to show the sword, but also the wisdom of making good use of the law. Judge Zhao Xin has adhered to the frontline of enforcement for 12 years, accumulatively concluding tens of thousands of cases, and the amount of enforcement in place has reached 2 billion yuan.
The person who is questioning the financial personnel of the executed company is Zhao Xin, the enforcement judge of the Daxing District People's Court in Beijing. This is a lease dispute case, after the applicant rented the house from the executor, because the executor was suspected of changing the nature of the house and land use, resulting in the invalid termination of the contract, the court ruled that the executor should return the rent of more than 200,000 yuan collected in advance to the applicant.
The judge's inquiry found that there were no property clues available for execution in the name of the executed company. In the follow-up investigation, Zhao Xin found that the person in charge of the executed company not only ignored the enforcement work, refused to meet with the court to discuss the performance of the judgment with the applicant, but also concealed the fact that the company had monthly rental income.
This kind of behavior of the executed company is typical of the ability to perform and refuses to perform the court judgment, and finally, the judge fined the executed company and the person in charge of the company 200,000 yuan and 100,000 yuan respectively in accordance with the law.
In actual work, it is not uncommon for persons subject to enforcement to conceal their property and evade enforcement in this way. Guarding the "last mile" of fairness and justice and daring to show the sword against acts that challenge the bottom line of the law is the due responsibility of executive judge Zhao Xin.
At the end of 2021, a pregnant woman who was more than 9 months pregnant came to the enforcement affairs hall of the Daxing Court.
After Zhao Xin received it, she found that her husband had a contract dispute case that was being executed, but there was no property available for execution in the name of the person subject to enforcement. Zhao Xin explained the implementation to the pregnant woman, and also told her the plan to increase the implementation of the follow-up, and everyone also gave her 3,000 yuan of road fees, but the pregnant woman just did not leave, and stayed in the execution hall for three days and three nights. During this period, in order to ensure nutrition, the canteen specially brought her food and specially cooked 20 eggs for her. But with the development of the situation, Zhao Xin found that the pregnant woman was not so simple, and finally the investigation found that her husband lived in a nearby hotel near the court and commanded behind the scenes, wanting to use her pregnant status to blackmail the court into paying for the execution. In the end, the court issued a fine of 50,000 yuan to the pregnant woman and her husband according to law.
Judge Zhao Xin of the Daxing District People's Court of Beijing Municipality: Reasonable demands and reasonable difficulties, we will definitely find a way to solve them, whether you are the applicant or the person subject to enforcement. But if you are going to challenge the authority of the law, we must dare to show our swords, uphold fairness and justice, and make these people who challenge the authority of the law pay the price.
In addition to daring to shine the sword, many cases test the judicial wisdom of judges. In one enforcement case, the applicant for enforcement reported to the judge that the enforced company had already transferred all its assets in the early stages of enforcement, but the shareholders behind the company were very economically strong and hoped that the court would enforce these shareholders. However, according to the law, the subject of legal obligations is the company, and it cannot directly execute the relevant individual. According to the information provided by the parties, Zhao Xin conducted a detailed review of the industrial and commercial registration and financial situation of the executed company, and found that several shareholders had the problem of false capital contribution when the company was established.
Judge Zhao Xin of the Daxing District People's Court of Beijing Municipality: According to the current legal provisions, those who make false capital contributions can be added to the shareholders who have made false capital contributions through the execution of additional procedures in accordance with the law.
Making good use of the law, after the judge added several major shareholders of the company as executors in accordance with the law, under judicial pressure, several shareholders quickly took the initiative to return more than 6 million yuan of execution funds to the applicant.
After 12 years of adhering to the frontline of enforcement, Judge Zhao Xin has now accumulated tens of thousands of cases, and the amount of enforcement in place has reached 2 billion yuan. After the Beijing court comprehensively implemented the reform of the judicial system in 2016, Zhao Xin also took the lead in setting up an enforcement team centered on him in the Beijing Daxing court, composed of 3 judicial assistants, 3 clerks, and 1 judicial police, focusing on the enforcement of difficult and complex cases of demolition and relocation, involving the public and major subjects, and effectively improving the enforcement efficiency in accordance with modular and process-oriented ideas, increasing the number of cases concluded by nearly 30% and shortening the closing cycle by nearly 60 days. In 2018, Zhao Xin's team was awarded the first model trial team of Beijing courts, and Zhao Xin personally won the honors of national advanced worker and national model judge.
Zhao Xin, judge of the Daxing District People's Court of Beijing Municipality: As a young (light) enforcement judge, I think it is necessary to handle every case in hand well, to be able to think in a different position, to empathize with the parties, to not give up and not to shrink back when encountering some difficult cases, to dare to show the sword, to make good use of the law, to guard the "last kilometer" of fairness and justice, and to strive to let the people feel fairness and justice in every judicial case.
(CCTV)