■ Henan Economic Daily reporter Fu Yicheng correspondent Zhao Yonghong
Yang Da, a member of the Communist Party of China, entered the Xixian People's Court in 2016 and has served in the Executive Bureau and the First Civil Trial Division, successively serving as a clerk, assistant judge, and executive team leader. In 2018 and 2019, he was rated as an "advanced individual" by the Xixian Court for two consecutive years.
During his tenure on the Executive Board, he handled a total of 376 enforcement cases involving a variety of difficult and complex cases. In September 2019, Yang Da was transferred to the First Civil Trial Division as a judge's assistant and participated in nearly 600 civil cases. In January 2021, due to a reshuffle in his role, he returned to the Executive Board as the team leader of the Fifth Executive Team.
Efficient execution, two cases connected within seven days
During his tenure as the head of the executive team, every time he receives a batch of new cases, Yang Da will always browse all the cases first, understand the basic situation of the case, and contact the parties in a timely manner, on the one hand, to facilitate the communication of the case, on the other hand, to let the applicant know the progress of the case as soon as possible and eat a "reassuring pill".
After receiving two cases of disputes over sales contracts between Peng and Huang and Chen, Yang Da and Peng learned by telephone that the executors Huang and Chen were neighbors and were currently at home. Early the next morning, Yang Da, under the leadership of Peng, rushed to the home of Huang and Chen. Because Huang refused to cooperate, Yang Da decided to first summon Huang to the court. After patient explanation and persuasion, Huang fulfilled his obligations on the same day. And Chen was out of town because of an incident and was not at home that day, Yang Da immediately contacted Chen by phone, hoping that he would perform the effective judgment as soon as possible. At night, when Chen, who returned from outing, heard that Huang was detained and summoned during the day, he realized that the money had to be repaid. The next morning, Chen took the initiative to come to the court with all the execution funds. From the acceptance of the case to the completion of the execution of the two cases, it took only 7 days, and the efficient conclusion was approved by the applicant for execution, Peng Mou. In order to express his gratitude, Peng specially presented a pennant to the undertaker Yang Da.
Thousands of miles to run, practice the concept of "justice for the people"
On the road of execution, wind and rain are common things, and it is more common to travel thousands of miles. In the dispute between Xia and Xu, the executor Xu found Xia from the same village to help due to the decoration of his own house, and Xia accidentally fell into a second-degree disability during construction. The huge medical expenses are undoubtedly worse for Xia Mou, whose family is not rich. Later, due to the inability to reach an agreement on compensation matters, Xia sued Xu to the XiXian Court. After the court's judgment, Xu refused to perform and went out to work. In desperation, Xia applied for compulsory enforcement.
After the case entered the enforcement procedure, Yang Da immediately contacted Xu by phone. Xu said that he was old and indeed did not have the ability to perform. After the online inquiry was fruitless, Yang Da rushed to Guangdong at the first time to find the whereabouts of the executor Xu Mou according to the clues provided by the applicant. After several twists and turns, Xu was finally found and brought back to XiXian overnight. Because Xu refused to perform the effective judgment, he was detained according to law on the same day. During Xu's detention, the undertaker Yang Da was not idle, he ran three banks successively, retrieved Xu's bank flow information for nearly three years, and found out the fact that Xu made a large transfer to his son and daughter. Under the pressure of a large amount of evidence and judicial detention, Xu's attitude finally changed. In the end, under the auspices of the undertaker, Xia and Xu reached a settlement and completed the performance on the spot, and the case was successfully concluded.
Integrate and resolve civil disputes with the help of enforcement experience
Behind every enforcement case, there are hardships and efforts of the undertaker to go to many parties, and the handling of civil cases is certainly no exception. When he was an assistant judge in the Civil First Division, Yang Da encountered a dispute over the repayment of the debts of the heirs. Chen Mou, who makes a living from cattle trafficking, borrowed 10,000 yuan from Zhao in 2014 due to capital turnover difficulties, and issued an IOU to Zhao. At the beginning of 2020, Chen died of a sudden illness. Later, Zhao found Chen's son Chen Mouyi and hoped that he could repay the arrears of 10,000 yuan. Chen Mouyi said that he did not know that his father owed money before his death and was unwilling to repay it. Due to the failure of the consultation, Zhao sued Chen mou to the court.
During the trial, Chen insisted that he did not know Zhao, and also denied that his father owed money, and said that his father did not leave any property before his death. Because there is no handwriting of Chen Mou before his death, it is impossible to conduct judicial appraisal, and the two basic facts about whether the loan is true and whether Chen Mouyi inherits Chen Mou's inheritance cannot be clarified, and the case is temporarily in trouble. Is it really "dead without proof"? Yang Da, who had experience in execution, thought of retrieving bank flows. Considering the comprehensive factors such as Chen's business situation and age structure before his death, Yang Da believes that he is in middle age, frequent transactions of funds, and should often handle banking business, so that he will have his own autograph. Therefore, Yang Da suggested to the presiding judge that the flow of bank cards and business handling materials under Chen's name before his death could be retrieved.
After multiple inquiries, Chen's account, related business and retained documents were found. Moreover, Yang Da found that after Chen's death, tens of thousands of yuan of deposits in the account had been taken away by his son Chen Mouyi. In the face of ironclad evidence, Chen Mouyi no longer defended, and then took the initiative to contact the court, expressing his willingness to repay Zhao's arrears on behalf of his father, saying that he did not expect that the court would investigate so carefully and be able to retrieve his father's handwriting and deposits before his death. After mediation, Chen mouyi delivered 10,000 yuan to Zhao on the spot, and the dispute was satisfactorily resolved.
Since returning to their enforcement posts, Yang Da and his team have undertaken a total of 297 enforcement cases, and 181 cases have been closed, with a completion rate of 61.6%. Affected by the epidemic, when detaining the person subject to enforcement, it is necessary to carry out nucleic acid testing in accordance with regulations, do nucleic acid testing in the morning, receive test results in the afternoon, and give up the lunch break to guard the judgment debtor at noon, and it has become the norm to rotate the axis all day. In The words of Yang Da, "Since returning to the executive position, I have given up the 'bad habit' of taking a lunch break."
Enforcement is the "last mile" of the court's work, and it is also the place where contradictions are most concentrated, which undertakes the heavy responsibility of realizing the legitimate rights and interests of the winning parties and safeguarding the authority of the judiciary, and also bears the pressure and expectations from all parties. Implementation is not easy, but it must be done well. As an enforcement judge, Yang Da understands the anxiety of the parties and the importance of realizing the rights and interests of the winning parties. Whether a judgment can be enforced is not only related to the vital interests of the parties, but also to the dignity and authority of the judiciary. Therefore, on the road of implementation, he has always adhered to his original intention, handled every enforcement case efficiently and standardizedly, and implemented practical things for the people and implemented them into the expectations of the people.