CCTV News (Reporter Kan Chunyu): In the early morning of July 13, a microblog by Zhao Yong brought the long-dormant "textbook Lao Lai" incident back to the public eye. The latest development is that the court notified the receipt of 500 yuan in compensation for Huang Shufen's initiative, in contrast to the remaining arrears of about 740,000 yuan. The disparity between the amount of indemnity and the amount owed caused public opinion to stir, and Zhao Yong also sighed: "This is the first time in the four years since the judgment took effect that Huang himself took the initiative to perform his legal obligations. It's rare and meaningful! ”
On October 6, 2015, Huang Shufen, who had just been licensed for two months, was driving her daughter Liu Mingyue's car and knocked down Zhao Xiangbin, who was riding a bicycle across the road, on Tangfeng Road in Tangshan City, causing brain damage to the 62-year-old Zhao Xiangbin on the spot. The traffic police of Tangshan City later determined that Huang Shufen was responsible for the main responsibility, and Zhao Xiangbin was secondarily responsible.
Huang Shufen paid a total of 26,000 yuan in medical expenses in the hospital for many times. Zhao Xiangbin's lawyer Yue Tunshan said in an interview with the CCTV reporter: "The 26,000 was also handed over by her (Huang Shufen) under the pressure of the court and the traffic police team. "The vehicle that caused the accident was detained in the traffic police team, and Huang Shufen paid a deposit of 50,000 yuan when receiving the vehicle, which is the origin of Huang Shufen's 76,000 yuan compensation in follow-up media reports." Since then, she has not voluntarily paid any compensation.
On the other hand, Zhao Yong's father became a vegetative person after several surgeries, and in order to pay for Zhao Xiangbin's medical expenses, Zhao Yong and his mother sold the old house where they had lived for nearly 30 years for 310,000 yuan.
On June 8, 2017, the Fengrun District People's Court of Tangshan City rendered a judgment on the case of Zhao Xiangbin's car accident, finding that the driver who caused the accident, Huang Shufen, bore 70% of the compensation liability and Zhao Xiangbin 30%, and ordered Huang Shufen to compensate Zhao Xiangbin for a total of more than 1.24 million yuan, excluding the advance compensation including insurance, Huang Shufen still needs to compensate 860,000 yuan. Huang Shufen did not appeal, but also did not fulfill the compensation. On August 19, 2017, after the civil judgment came into effect, Zhao Yong applied to the court for compulsory enforcement.
In a video that was later widely circulated, Huang Shufen said: "I haven't figured it out yet, what did I say!" ...... I don't have any money, so why give it to you? You look it up, you look it up... Now I don't, I said I'll find it for you. ”
At the end of 2017, Zhao Yong made this scene public on social platforms. Subsequently, the Tangshan Intermediate People's Court released information on the progress of the enforcement of the case, saying that after investigation, it was not found that Huang Shufen had real estate and vehicle registration information and deposits in her name. In view of Huang Shufen's failure to declare assets as required and her refusal to perform on the effective judgment, the court included her in the list of dishonest executors and restricted high consumption. On the same day that the investigation was released, Zhao Xiangbin died after ineffective rescue. On December 22, Huang Shufen was approved for arrest on suspicion of a traffic accident. Huang Shufen was then sentenced to 8 months in prison.
Yue Tunshan introduced that usually, the compensation can be paid through the way of the court's enforcement judge, or it can be paid directly to the other party. The money flow between Huang Shufen and Zhao Yong was done through the court. In 2019, Zhao Yong successively received an executive payment of 114,193.29 yuan from the executive board, which was the commission that Huang Shufen received when she worked at the insurance company. After that, Huang Shufen lost her job and had no property to perform under her name. On June 14, the Tangshan Intermediate People's Court terminated the enforcement process.
"The court may seal and seize the property of the person subject to enforcement, freeze the auction, and if it finds that there is property available for enforcement but refuses to enforce it, this is a malicious refusal to perform the court's judgment, and may be detained and fined, and if it reaches a certain level of severity, it is in line with the crime of refusing to carry out the court's judgment and ruling, and criminal responsibility can also be pursued." Yue Tunshan said. He also added: "The country's personal bankruptcy system has not yet been established, and if there is no property to enforce, it can only be said." ”
Zhao Yongfang believes that Huang Shufen is not without property to execute. In 2017, the Tangshan Intermediate People's Court released the progress of the case, mentioning that the court conducted an investigation of Liu Mingyue's property status in accordance with the law, and found that a property registered in Liu Mingyue's name, Liu Mingyue paid the deposit and down payment of more than 178,000 yuan in july and August 2014 in his own name, and on December 3, 2015, Huang Shufen's mother and daughter jointly handled the loan procedures for the house, and the down payment and repayment of the house had Huang Shufen's contribution, so it was sealed according to law. However, in January 2019, the Tangshan Intermediate People's Court ruled in the final judgment of the second instance that the property belonged to Liu Mingyue personally. Yue Tunshan expressed respect for the court's decision, but advocated that the court revoke Huang Shufen's gift to her daughter. "These gifts occurred after the accident and the court's judgment, and we believe there is a suspicion of circumventing court enforcement and transferring property." Yue Tunshan said that the materials have been submitted to the court, and the case has not yet been filed, "Zhao Yong is still communicating with the court."
Yue Tunshan said that once Zhao Yong found that Huang Shufen had property available for execution, the enforcement procedures could be resumed, but "Zhao Yong has his own work in the field, and his main energy is not on this side."
"From the perspective of goodwill, no matter how much money is more or less, this 500 yuan at least shows that Huang Shufen is willing to take the initiative to perform the court's judgment." Yue Tunshan said.