In March 2024, Lao Liu of Hohhot City received the case money executed by the Xincheng District People's Court of Hohhot City, and the 500,000 principal and interest lent in early 2019 were returned to him in full as promised.
Five years ago, Lao Zhang's company had a shortage of funds in operation, in order to raise funds as soon as possible to tide over the difficulties, Lao Zhang met Lao Liu through Lao Wang's introduction, borrowed 500,000 yuan from Lao Liu, and agreed to repay the loan after half a year, with a monthly interest of 2 cents, and Lao Wang as a guarantor to provide a guarantee for Lao Zhang. However, as the loan period was delayed again and again, Lao Zhang and Lao Wang did not fulfill their repayment obligations.
Lao Liu didn't expect his former friend to be so untrustworthy, so he sued the guarantor Lao Wang and the borrower Lao Zhang to the Xincheng District People's Court, demanding that the two repay the loan principal of 500,000 yuan and interest. The court supported Lao Liu's claim in both the first and second instance, but the defendants still turned a deaf ear to the effective documents of the court and refused to perform, and Lao Liu could not bear to apply to the Xincheng District People's Court for enforcement. The Executive Bureau of the Xincheng District People's Court immediately conducted a property investigation through online and offline methods, and found that the property seized and controlled could not be repaid to Lao Liu in full, and the second person subject to execution was completely missing. The enforcement police squatted at Lao Zhang's residence from time to time, and finally guarded Lao Zhang, the person subject to execution, during the first month of the Year of the Dragon in 2024, and summoned him to the court.
After the applicant Lao Liu and the person subject to execution, Lao Zhang, met, the two sides spoke fiercely, Lao Zhang wanted to pay less interest, but Lao Liu was very angry and refused to give a penny. Seeing this, the presiding judge separated the two parties to patiently explain the law and reason, and also clearly informed the person subject to enforcement that his refusal to perform effective legal documents would include him in the list of dishonest judgment debtors, judicial detention and other serious consequences, and reminded Lao Zhang that if his credit is damaged, he will be negatively affected in terms of running a company, children's education and work.
At this time, Lao Zhang suddenly woke up, and he immediately took the initiative to contact the company he operated to transfer 500,000 yuan to the bank account designated by the court, and took the initiative to issue a letter of commitment to the court for the part that could not be transferred on the same day due to the bank limit, promising to go to the court enforcement bureau the next morning to fulfill the remaining arrears, and also park the vehicle under his name in the court to ensure the execution of the case. After communicating with the applicant, Lao Liu, Lao Liu expressed his willingness to believe Lao Zhang one more time and agreed not to implement judicial detention for the time being. The next morning, Lao Zhang arrived at the court on time as promised and paid the remaining arrears to Lao Liu.
So far, this private lending dispute that has been going around for five years has come to a successful conclusion. Lao Zhang and Lao Wang's credit punishment measures were removed one by one, Lao Liu also began to rebuild trust in his old friends, and the credibility of the people's courts in law enforcement and justice was further improved. This is also a microcosm of the Xincheng District People's Court's adherence to the concept of active justice, giving play to the role of judicial functions, and promoting social creditworthiness with judicial credibility in promoting the "Creditworthiness Construction Project". Since 2024, the People's Court of Xincheng District has focused on the enforcement work of the people's courts, focusing on five measures to help the in-depth advancement of the integrity construction project.
Use judicial coercive measures to cover the bottom line of creditworthiness
▲ A number of bounty announcements will be released in 2024
In enforcement work, the Xincheng District People's Court is to make full use of judicial coercive measures in accordance with law, lawfully applying all types of punishment measures for untrustworthiness to judgment defaulters who refuse to perform on effective judgments, such as fines, detention, restrictions on high spending, inclusion in the list of judgment defaulters, and the issuance of reward announcements, to increase the force of punishment for judgment defaulters, so that judgment defaulters are "untrustworthy in one place, restricted everywhere", and protect the lawful rights and interests of the parties in accordance with law.
On the other hand, the Xincheng District People's Court adheres to the active judiciary, practices the concept of good faith and civilized enforcement, and minimizes the impact on the rights and interests of the person subject to enforcement while protecting the lawful rights and interests of the winning party in accordance with the law, and gives full encouragement and support to the person subject to enforcement who voluntarily and voluntarily performs, so as to achieve the organic unity of legal and social effects.
Explore credit repair with the concept of good faith enforcement
While strengthening the "negative" pressure of punishment for untrustworthiness, the Xincheng District People's Court is exploring the establishment of "positive" incentive measures for joint restoration of trustworthiness. For persons whose credit has been damaged as a result of punishments for untrustworthiness, strengthen the concept of benevolent and civilized enforcement, accurately distinguishing and grasping the applicable conditions for employing punishment measures such as inclusion in the list of the untrustworthy and restrictions on spending, such as untrustworthy persons who have already fulfilled legally-prescribed debts, corrected illegal conduct, and actively compensated for losses, guide them to establish creditworthiness values, and after comprehensive investigation, reduce or lift the punishment measures, and at the same time coordinate with departments such as for credit reporting and financial institutions, to promote information sharing, explore reducing credit constraints on untrustworthy entities, and help them get out of their predicament and return to the track of creditworthiness.
▲The person subject to enforcement takes the initiative to perform
In 2024, the Xincheng District People's Court will release a list of 659 judgment defaulters, the same as the same period last year, of which 112 will take the initiative to perform, and the active performance rate will increase by 14 percentage points year-on-year. The two-way effect of punishment and incentives is becoming more effective in promoting the performance of good faith.
Promote the governance of the source of enforcement with the implementation of the work in advance
The more cases that enter the enforcement procedure, the lower the active performance rate of effective legal documents. How to improve the immediate performance rate of effective legal documents and prevent cases from entering the enforcement procedure from the source is an important topic that the Xincheng District People's Court has been exploring for a long time. To this end, the Xincheng District People's Court has implemented a governance mechanism for the entire process of initiation, adjudication, and enforcement.
On the one hand, it is necessary to increase the publicity of legal popularization and enhance the public's legal literacy and awareness of risk prevention. Strengthen litigation and enforcement risks, especially the risk of "failure to enforce", emphasizing precautions in processes involving property transactions, handling creditor's rights and debts, contract signing, performance, and so forth, do a good job of risk prediction, retain evidence to prevent problems before they occur, and guide the public to develop the habit of abiding by the law and trustworthiness.
▲Issued the first "Notice of Supervision and Fulfillment of Obligations"
On the other hand, when the dispute enters the court, give full play to the positive role of mediation in the process of case handling, urge the parties to reach a settlement agreement and perform it immediately on the spot, and effectively reduce the number of cases entering the enforcement procedure. In the handling of litigation cases, a "Notice of Urging the Performance of Obligations" is issued together with the case judgment documents, informing in writing of the obligations to be performed and the consequences of non-performance, urging the parties to take the initiative to perform, and avoiding the credit impact on the enterprises and individuals of the losing party while more efficiently safeguarding the lawful rights and interests of the winning party, so as to truly achieve a win-win situation.
Enhance judicial credibility through multi-party coordination and linkage
Enforcement is related to the ultimate realization of the rights and interests of the parties in winning the lawsuit, and is the "last mile" to maintain justice for the people and fair justice. The Xincheng District People's Court resolutely improves the quality and efficiency of enforcement work by focusing on the idea of "people-centered" and the determination to "never let effective legal documents become a dead letter".
Make full use of the achievements of the construction of smart courts, combine online and offline investigation and control, and comprehensively investigate and control the property in the name of the respondent. Strengthen the linkage and cooperation between the courts and departments such as for public security, industry and commerce, banking, and real estate registration, forming a joint force for enforcement, and using methods such as joint disciplinary action and joint investigation and control, to carry out targeted strikes against persons subject to enforcement who refuse to perform on effective judgments, to increase the efficiency of enforcement.
▲The security team officers conducted online investigation and control
Promote the use of safeguards to promote enforcement, increase the force of property preservation, encourage and support parties to apply for property preservation during the litigation phase, prevent the person subject to enforcement from transferring or concealing assets, and protect the lawful rights and interests of applicants to the greatest extent. 99.83% of cases with property available for enforcement were concluded within the statutory time limit, the enforcement rate of first-time enforcement cases was increased to 64%, and the average time for case closure was shortened by 14 days compared with the previous year, striving to turn the "paper rights" of the winning parties into "real money".
Optimize the work style of cadres and police officers through clean government education and supervision
In order to make enforcement the "last line of defense" of integrity and promote the effective resolution of enforcement difficulties, it is necessary to forge a high-quality enforcement iron army. There are many links in the enforcement procedure, the work chain is long, the order of enforcement is first and last, the speed of enforcement is fast or slow, and the intensity of enforcement is large or small, all of which are closely related to the interests of the parties.
The Xincheng District People's Court adheres to a strict tone to strengthen positive conduct and discipline, strictly implements the "three provisions" to prevent interference in the judiciary, implements various iron rules and prohibitions, continues to strengthen the construction of the ideology and discipline of enforcement cadres and police, improves the professional quality and professional ethics of enforcement personnel, strictly enforces discipline, and prevents corruption in enforcement.
The Xincheng District People's Court is to set up an enforcement reception office in the litigation service hall on the first floor, publicly enforcing the reception duty schedule and inquiry telephone numbers, and accepting social supervision. At the same time, the channels for supervision and reporting are unblocked, and the 12368 hotline, the discipline inspection and supervision hotline, and the president's mailbox are opened on a regular basis, and visitors are encouraged to supervise and report violations of laws and regulations in the implementation process, investigate and deal with effective clues in a timely manner, seriously pursue responsibility, and maintain the fairness of enforcement.
▲ Appointment ceremony of integrity supervisors
Combine daily enforcement work with discipline and work style rectification, hire clean government supervisors, organize special enforcement inspections, standardize the handling of enforcement cases, strengthen the concept of enforcement services, and truly enhance the people's sense of access to justice, happiness, and security, and move forward to achieve the goal of "making the people feel fairness and justice in every judicial case".
Source: Xincheng District People's Court