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Rudong Court: "Final Clearance" is in action, and the ten-year backlog of cases will be resolved in one day
1 week ago
Source:SoNewsCn

In order to implement the Supreme People's Court's decision-making and deployment on carrying out the special action of "final capital clearance", the Rudong People's Court continued to carry out the enforcement of "final capital clearance" by category, appointed special personnel to be responsible for the management of final cases, and did a good job in the corresponding case visits, return visits, property investigation and control, resumption of enforcement review, etc., and made efforts to promote the substantive resolution of the backlog of final cases.

In the case of a dispute over an installment sales contract between the applicant Qin and a trading company in Weifang, the Rudong Court accepted the case in 2015 and made an effective judgment in 2016, ordering a trading company in Weifang to pay Qin more than 120 yuan and corresponding interest. In the course of the first enforcement, the judge undertaking the case went to the actual place of operation of the company to carry out an investigation, and found that the company had gone to the empty building and had no clues about the property available for enforcement, and then solicited the opinions of the applicant for enforcement, Qin, and the case ended the enforcement procedure.

In this special action of "final clearance", when the undertaking judge Zhou Jingyang investigated the case, he found that a trading company in Weifang, the person subject to execution, had been cancelled. Judge Zhou was keenly aware that the cancellation of the company might be an attempt to avoid debts and decided to conduct a further investigation into the case. After obtaining all the company's industrial and commercial files ex officio, it was found that: in December 2022, Lu and Tan, shareholders of a trading company in Weifang, applied to the market supervision and management department for cancellation of the company, and promised that the company's claims and debts had been liquidated, and the liquidation work had been fully completed.

Judge Zhou promptly informed the applicant for enforcement of the relevant investigation of the situation, and guided him to protect his legitimate rights and interests through corresponding judicial remedies. Qin applied to the enforcement court to change the persons subject to enforcement to Lu and Tan in accordance with the law, and assumed the liability for repayment within the scope of the commitment, and at the same time applied for the preservation of the corresponding property of Lu and Tan, which not only prevented the two from transferring their property after receiving the court's notice of change, but also laid a good foundation for subsequent enforcement. In the process of implementing the preservation, it was found that the amount of bank deposits in the names of Lu and Tan was huge, and there were multiple real estates, and the enforcing court took corresponding control measures in accordance with the law.

According to the provisions of the "Supreme People's Court on Several Issues Concerning the Change and Addition of Parties in Civil Enforcement", the enforcement court changed Lu and Tan as the persons subject to enforcement in the first enforcement case in accordance with the law after review, and assumed the responsibility for repaying the debts of a trading company in Weifang. Dissatisfied, Lu and Tan applied to the Nantong Intermediate People's Court for reconsideration, and the Nantong Intermediate People's Court rejected the application for reconsideration in accordance with the law and upheld the objection ruling. Qin applied to the Rudong Court for enforcement, requiring Lu and Tan to bear the corresponding legal responsibility, and because the property in their names had been preserved, Lu and Tan finally expressed their willingness to actively cooperate with the handling and paid 1.4 million yuan in a lump sum. The case was closed, and the final case was successfully released.

The final book is "not final", small cases are not small, cases are not closed every day, and enforcement does not stop every day. The Rudong Court will always adhere to the enforcement concept of "final case, not final case", take the "final capital clearance special action" as an opportunity to control the increment, clear the base, and remove the stock, reduce the burden and relieve the pressure on the "historical burden" of the backlog of enforcement cases, and actively respond to the new expectations and new requirements of the people for enforcement work with high-quality enforcement quality and efficiency. (Zhou Jingyang, Bao Minhui)