Hide property, build high fences, and lock the gates so that they cannot be entered. The high-tech district court of Daqing City, Heilongjiang Province, wants to recruit cracks, attracting "new members", drones! The "new members" of the executive team flew into the blue sky for all-round aerial photography! Can hidden property still be hidden? Soon after, the executor received the aerial photograph, took the initiative to appear, obediently admitted his mistake, and reconciled with the applicant...
Accompanied by the sound of "buzzing" motors, the execution "drone" flew into the blue sky, crossed the fence that blocked the enforcement officers, observed the scene environment from a high altitude, and timely took photos and collected evidence of the forklifts, machines, metal materials, etc. left by the executors, fixed the evidence, and comprehensively checked the property situation. This is one of the scenes on the morning of October 24 when the cadres and policemen of the enforcement team of the Daqing High-tech District Court conducted on-site enforcement and evidence collection on an enforcement case.
"At first, I was worried that the hard-to-find clues to the property would not be able to enter the fence, making it difficult to find the messy equipment and affecting subsequent execution. I really didn't expect that the court's 'small plane' helped me solve the big problem, and my case enforcement finally fell, thank you, thank you high-tech court! At about 9:20 a.m. on the same day, Hou Mou, the applicant for enforcement, excitedly told Sun Wei, the enforcement judge of the high-tech court.
Borrow money to expand the operation, and the expired people go to the empty building
Defendant Yin X, who runs an engineering company in Daqing, is the legal representative of the engineering company, and he and plaintiff Hou X are friends for many years.
In May 2018, defendant Yin Mou had a shortage of funds in the process of expanding his business. In order to save and strengthen the development of the enterprise, he thought of his friend Hou mou and borrowed 80,000 yuan from him.
Subsequently, he borrowed another 50,000 yuan from Hou for the same reason. Both payments have agreed on a repayment period. Due to poor management, the enterprise run by defendant Yin mou suffered serious losses and owed a lot of debts to the outside world. After the loan was due, Yin refused to repay. After being urged by the plaintiff many times, not only was it unsuccessful, but the other party also played with it and disappeared, and people went to the empty building.
If you refuse to pay back, the court orders repayment
Originally seeing that the friend had difficulties, he came to the rescue, helped him solve the problem, and borrowed money to the other party free of charge, but he never expected that the other party had a conscience, and the loan refused to repay when it was due, and in a fit of anger, the creditor Hou Mou sued his former friend Yin and his company to the high-tech court in June 2018, requiring the two defendants to jointly repay the principal of the loan and bear the litigation costs.
During the lawsuit, the judge called many times, but he just wouldn't come, and he also played a "peek-a-boo" game with the judge. After being lawfully summoned by the court, the two defendants still refused to appear in court to participate in the proceedings.
In October of the same year, after the high-tech district court tried in accordance with the law, it made a default judgment, that is, it ordered the defendant Yin to repay the principal of the loan of 130,000 yuan to the plaintiff Hou, and the defendant engineering company was jointly and severally liable.
After the verdict, the human world evaporated, and the execution was in trouble
After Yin learned of the verdict, he refused to answer all foreign calls, not to mention repaying the money, and even his whereabouts became a mystery, as if the world evaporated. In desperation, Hou applied to the court for compulsory enforcement.
The enforcement judge of this case immediately consulted the case file and learned that the person applying for enforcement had not taken preservation measures in the litigation.
Subsequently, the enforcement judge immediately adopted online inspection and control measures to investigate and control the property of the second person subject to enforcement, but still did not find that there were clues of property available for enforcement in his name.
In order to find the executed property as much as possible, the enforcement judge also went deep into the location of the executed company, but at this time the company had long since become the place of business of others.
Exhausting various measures, none of them found any clues to the other party's property, resulting in a temporary dilemma in the execution of the case.
In May 2019, the court terminated the enforcement procedure in accordance with the law and informed the applicant to provide the court with property clues as much as possible.
Perform property clues and discover abandoned factory buildings
Although the case was final, the enforcement judge of the high-tech court did not abandon the enforcement, but always kept in touch with the applicant for enforcement, urging him to find clues to the property of the second person subject to enforcement as much as possible.
Kung Fu pays off. During the Eleventh National Day this year, the applicant Hou Mou, through Yin's business partner, learned that the executor Yin Mou had been in the field and had no fixed residence, and obtained a clue to Yin's property in Daqing, that is, he also had an abandoned factory in Zhaoyuan County, and some machinery and equipment and vehicles still existed in the factory.
After obtaining this news, Hou drove to the vicinity of the abandoned factory building and wanted to take pictures, but because the plant has not been engaged in production activities for a long time, and the periphery is tightly surrounded by an iron fence of more than 2 meters high, it is impossible to enter the factory, so it can only take pictures on the periphery.
After taking the photo, Hou came to the court with the photo and applied to resume enforcement, and the court resumed the enforcement of the case according to law.
What if the property is not clear? Drones to collect evidence
After receiving Hou's photo, Judge Sun Wei carefully studied and confirmed that there was indeed cluttered equipment and other property in the factory, but because it was difficult to enter the factory, the situation of the executed property was unknown.
A bunch of property can't be cleared, can't be verified, what to do? Judge Sun Wei and his enforcement team conducted in-depth research and agreed that the use of unconventional means to deal with unconventional situations requires the use of "drone" aerial photography to investigate and collect evidence, which is conducive to a comprehensive investigation of the property situation.
At 7:00 a.m. on October 24, Judge Sun Wei led the enforcement team and led the "new members" of the team to the dilapidated factory building where the property of the executor was hidden early.
Looking at the bare-handed policeman, Hou looked at the high fence that could not be crossed, and his face showed a look of doubt. When I saw the enforcement officers take out the drone and operate it skillfully, I suddenly realized that the original high-tech court had installed a "clairvoyance" for enforcement. Seeing the aerial photography, Hou mou praised it continuously, so there was a scene at the beginning of the text.
Aerial photography fixes evidence, breaking through difficult problems to promote execution
The drone gets rid of the geographical environment restrictions, truly reflects the whole picture of the open-air part of the factory, solves the big problem for the execution of the case, helps the enforcement personnel to fully grasp the property situation, and lays a solid foundation for the preliminary assessment of the property.
After the end of the aerial photography, Judge Sun immediately pasted the sealing procedures at the fence, and immediately contacted the executor Yin through the intermediary, sent the aerial photograph to the other party, and showed him the property photos taken by the drone.
After receiving the aerial photos, Yin suddenly panicked, not expecting that the property he had painstakingly hidden was actually clearly grasped by the enforcement officers, and he was also told that disposing of the property without the consent of the court would constitute a crime and be severely punished according to law.
"The monk who ran can't run the temple", Yin Mou knew this truth, so he took the initiative to contact the enforcement judge, admit the mistake, and promised to return to Daqing within a week and take the initiative to fulfill the repayment obligation.
Seeing that the other party changed his attitude and was a former friend, the applicant agreed to Yin's request to discuss the implementation matters after the other party returned to Daqing.
Technology helps execution, and drones solve problems
In order to move toward the goal of "effectively solving the difficulty of enforcement" and strengthening the realization of the rights and interests of winning lawsuits, the high-tech court regards "effectively solving the difficulty of enforcement" as an important starting point for "I do practical things for the masses", continuously carries out innovation in enforcement means and enforcement measures, continuously strengthens the investment of high-tech enforcement equipment, and introduces new measures for aerial photography of unmanned aerial vehicles, completely changing the old model of investigation and unlocking, witnessing, and inspecting, using a pair of high-altitude "legal eyes" of drones, surveying property at a glance, and accurately controlling the situation of the property to be executed. Accurately lock the executor so that he has nowhere to hide.
The use of unmanned aerial vehicles to help enforce the tough problems, this is just a microcosm of the high-tech court's innovative enforcement method to crack the difficulty of enforcement, in view of its set of enforcement forensics, execution of investigation, execution of live broadcast, execution of command and other functions as a whole, the whole process of real records, time-saving, labor-saving, standardized, leaving traces, so that the enforcement work is like a tiger wings, effectively solve many major problems in the implementation. Accordingly, the high-tech district court has continuously strengthened the use of unmanned aerial vehicles, especially when the situation at the enforcement site is unclear or the enforcement officers are inconvenient to enter the scene, give full play to the role of the "Shenwei" of the drone, accurately control the property, and quickly control the judgment debtor, so as to maximize the protection of the parties' right to win the lawsuit.
It is reported that the court has also comprehensively used means such as network investigation and control, credit punishment, enforcement of rewards, and accurate exposure by the joint media to form a general pattern of multi-departmental, multi-field, and multi-channel joint disciplinary action, so as to openly promote justice and strive to let the people feel fairness and justice in every judicial case. (Fu Jianguo)
Source: Ping An Longjiang Network