Court enforcement is the guarantee for the winning party to realize its legitimate rights and interests, and is the "last mile" to achieve fairness and justice. In the case of Jia Moumou's application for enforcement of a private loan dispute between Zhao, Gao and Xie, the applicant applied to the Lighthouse Municipal People's Court for enforcement in accordance with the law because the defendant had not fulfilled the effective judgment obligation.
Execution site
The applicant provided the court with information that the father of the defendant Xie Moumou (who was also the defendant in this case) met with him at a hotel in Liaoyang at night, and the executive police and judicial police squatted near the hotel on Friday night according to the agreed time, waiting for the defendant to appear. However, the defendant did not show up for a long time, and the court police went to the hotel to investigate the defendant's check-in records in accordance with the law, and found that the defendant had placed an order more than a month ago, but had not actually checked in.
Considering that Xie's father may have deceived the applicant for executor, the police officers acted separately, all the way to the place of residence of the executed person Xie Moumou, and continued to squat in the hotel all the way. After arriving at Xie's residential area, although the address can be confirmed, it is impossible to determine whether the person subject to enforcement actually lives here. The executive police transferred the door of the building to monitor in accordance with the law and confirmed that the executed person Xie Moumou lived here.
The Court's Executive Directorate has reformulated its implementation plan and prepared accordingly. After knocking on the door of the executor Xie Moumou's house, his lover refused to cooperate in opening the door and became emotional. Considering that the time was late and the execution site was a residential area, in order to ensure the smooth progress of the overall work, the court requested 110 police officers to assist in the enforcement work in accordance with the law. Forced by the deterrent power of enforcement, before the police dispatched the police, the executed person Xie Moumou expressed his willingness to cooperate with the court's enforcement work.
After driving back to the court, after failing to mediate with the police and the defendant delaying the performance of his obligations, the court took judicial detention of the executed person Xie at 11:55 p.m. in accordance with the law.
In future work, the Executive Bureau of Lighthouse Municipal Court will continue to adhere to the purpose of justice for the people, carry out enforcement actions on a regular basis, effectively protect the legitimate rights and interests of the winning parties, demonstrate judicial coercion and credibility, and safeguard social fairness and justice.
Judge tips
The obligations established in the effective judgment documents are legal obligations, and refusal to perform with the ability is a deliberate evasion of legal obligations. The court may employ sanctions such as fines, detention, or inclusion on the list of the untrustworthy for persons subject to enforcement who refuse to perform the obligations specified in the effective judgment documents, and where the circumstances are serious enough to constitute the crime of refusing to enforce the law, criminal responsibility will also be pursued in accordance with law.