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The child's college entrance examination is imminent, should the auctioned house be enforced? The court did so

The child's college entrance examination is imminent, should the auctioned house be enforced? The court did so

Guangzhou Daily

2024-05-27 17:22Published on the official account of Guangzhou Daily, Guangdong

The younger brother of the person subject to execution is about to take the college entrance examination, but he still lives in the house that was auctioned. Seeing that the buyer has already bid for the house, should the court immediately enforce the clearance of the house for delivery to the buyer? Recently, the High People's Court of Guangdong Province notified this case of bona fide enforcement.

"The execution of the work must be carried out with an iron fist, but also with kindness and tenderness." After several rounds of on-site verification and multi-party coordination and communication, the enforcement judge finally finalized the enforcement plan with the person subject to enforcement and the buyer to suspend the vacating of the property and pay the rent during the suspension period.

The court pointed out that if there are special circumstances that cause the buyer to successfully bid for the house but cannot deliver it smoothly, the enforcing court should adhere to the concept of good faith and civilized enforcement, and on the premise of protecting the rights and interests of the buyer in accordance with the law, take into account the interests of all parties, and may adopt methods such as "one house, one plan" to properly handle it, so as to promote the maximization of the overall interests of all parties.

The child's college entrance examination is imminent, should the auctioned house be enforced? The court did so

Origin of the incident: Whether the college entrance examination candidates living in the house subject to execution should be forcibly cleared and vacated

The People's Court of Sihui City, Guangdong Province, in handling the case of the person subject to enforcement, Liang, found that there was a commercial house under Liang's name that could be used for enforcement through property investigation and control. After visiting the house and conducting on-site investigations, the occupants of the houses could not be contacted. In February 2022, after entrusting a third-party agency to evaluate, the Sihui Court conducted a public auction of the executed house on the Taobao judicial auction sales online platform, and finally the bidder Wu won the bid at the highest price and handed over the auction money in full to the special account of the Sihui Court on schedule.

In early April 2022, in the process of clearing and vacating the house subject to enforcement, the father of the person subject to enforcement, Liang, proposed that because Liang's younger brother currently lives in the house, he will take the college entrance examination in June, hoping to postpone the delivery of the house to Wu after the college entrance examination.

The Sihui Court will verify that the house subject to enforcement is inhabited by college entrance examination candidates, and after confirming that the situation is true, promptly give feedback and communicate with the applicant for enforcement, Wu, and actively coordinate the family of the person subject to enforcement to pay the corresponding rent to Wu at the market price. In the end, Wu expressed his understanding of the situation of the family members of the person subject to enforcement and agreed to postpone the delivery of the house subject to enforcement. After the college entrance examination, the family of the person subject to enforcement took the initiative to vacate the house and deliver it to Wu on schedule.

So far, the execution of this enforcement case has been properly completed.

It is reported that the "Opinions of the Supreme People's Court on Further Strengthening the Concept of Good Faith and Civilized Enforcement in Enforcement Work" clearly states that it is necessary to adhere to the parallel practice of credit punishment and credit incentives, prudently apply compulsory measures in accordance with the law, and minimize 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, so as to achieve the organic unity of legal effect and social effect. This enforcement case does not adopt the method of direct evacuation in accordance with the law, but makes full use of the concept of good faith and civilized enforcement, chooses the enforcement method of "simplifying into complexity" and "one house, one plan", and properly balances the interests of all parties while enforcing it in accordance with the law, and finally realizes the organic unity of equal protection and balanced interests, so that the people can feel the wisdom and temperature of the judiciary.

The execution of the work should be carried out with an iron fist, but also with kindness and tenderness

"Enforcement is not reckless execution". Strengthen the concept of good faith and civilized enforcement, focusing on minimizing the impact on the normal production and life of the person subject to enforcement. According to reports, in enforcement practice, vacating houses is a common enforcement measure, and the stakeholders covered not only involve both parties to the enforcement case, but also often involve stakeholders or outsiders other than the enforcement parties. For the person subject to enforcement who should directly vacate the house in accordance with the law, if the compulsory vacating measures are simply taken, it may intensify the conflict between the two parties and give rise to a series of problems.

Li Hongji, the executive judge of this case, said that the enforcement work should be carried out with the concept of good faith and civilized enforcement, with more warmth and more thinking, and finding the right balance between the interests of both parties, so as to balance the conflict of interests between all parties and fully protect the legitimate rights and interests of all parties, and avoid excessive enforcement.

In this case, the house involved in the case has been successfully auctioned in March 2022, and the disposal of the house involved in the case can be successfully completed as long as the house delivery and other formalities are completed. And one day in early April 2022, a phone call broke the silence before delivery, and the caller claimed to be the father of the person subject to execution, Liang, and requested to suspend the delivery of the house. Judge Li Hongji originally thought that this was another "hard bone" to forcibly vacate the house, so he made an appointment to come to the court for an interview the next day to understand the specific situation. On the second day, Liang's parents came to the court and said earnestly: "Please help the judge!" Our eldest son has committed a crime and should be punished by the law. But the youngest son is about to take the college entrance examination, and now vacating the house is afraid that it will affect his studies", and put the younger son's student ID card in front of the executive judge, which made Judge Li Hongji realize that this enforcement still needs to be balanced again and again, and it cannot be "vacated".

After several rounds of on-site verification and multi-party coordination and communication, Li Hongji finally finalized the implementation plan with the person subject to enforcement and the buyer to suspend the vacating of the property for two months and pay the rent during the suspension period, which not only allows the candidates to prepare for the exam with peace of mind in a stable and relaxed environment, but also realizes the execution of the deferred delivery of real estate by paying rent, and effectively guarantees the realization of the legitimate creditor's rights of the applicant for enforcement. After the college entrance examination, the family of the person subject to enforcement took the initiative to vacate the house involved in the case and deliver it to the buyer on schedule.

Enforcement is the last link of the last line of defense for fairness and justice, and it must be both heavy-handed and tender. Judge Li Hongji held that "for the objective predicament reflected by interested parties or outsiders, under the guidance of the concept of good faith and civilized enforcement, we should adhere to the principle of least harm, and choose the method of enforcement with the least harm to outsiders as much as possible when there are multiple means to achieve the purpose of enforcement." While highlighting the compulsion of enforcement work, it is also necessary to let the parties feel the temperature of the judiciary, balance the relationship between the intensity of enforcement and the temperature of enforcement, and truly promote the conclusion of the case, and achieve good legal and social effects.

Text, photo/Guangzhou Daily New Flower City Reporter: Charter Correspondent: Yue Faxuan

Guangzhou Daily New Flower City Editor: Li Huiting

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