This article**: People's Daily Online-Guangxi Channel.
Resolve enterprise-related disputes online, revitalize "unfinished real estate", guide enterprise bankruptcy and reorganization, and promote the resumption ......of work and production of suspended enterprisesSince 2023, Heshan Court has adhered to the concept of "the rule of law is the best business environment", given full play to its judicial functions, and is committed to providing legal protection for a good business environment with "the least links, the lowest cost, the highest efficiency, and the warmest service".
Do "excellent" mediation articles to efficiently resolve conflicts involving enterprises.
With this document, we are relieved, and we are not afraid that we will not be able to recover the payment!After getting the "pre-litigation confirmation" civil ruling issued by the Heshan Court, a wood company in Heshan City took a "reassuring pill". The company customized the equipment with a machinery company and paid in advance, but in the process of equipment production, it was found that the equipment parameters were different from the preset and could not be modified, so it asked for a refund, and the machinery company sued the court after the communication was fruitless.
In line with the principle of mediation first, and because the machinery company is far away in other provinces for inconvenient mediation, the mediator then adopted the "cloud mediation" method, organized the two parties through the people's mediation platform for "face-to-face" communication, only 30 minutes to promote the two parties to reach a mediation agreement, and issued a "pre-litigation confirmation" document to give legal effect to the mediation results, from the case acceptance to the delivery of the document took only 4 days, to help the enterprise successfully get back the payment.
In recent years, the Heshan Court has continued to deepen the reform of the "sub-mediation and adjudication" mechanism, actively giving full play to the advantages of mediation, vigorously promoting the "pre-litigation mediation + judicial confirmation" model, introducing third-party mediators and organizations, forming a "court + N" multiple dispute resolution mechanism, building a pre-litigation, pre-litigation, pre-execution, and large-scale mediation pattern, and striving to resolve conflicts and disputes involving enterprises at the lowest cost and in the shortest time. Since 2023, the court has applied summary procedures to hear 186 cases involving enterprises, with an average trial time of 32 days97 disputes involving enterprises were resolved through mediation, with a mediation success rate of 47%, and the quality and efficiency of case handling were significantly improved.
Create a "new" working mechanism to help enterprises get out of difficulties and be reborn.
Bankruptcy reorganization and bankruptcy liquidation, as the basic system of enterprise bankruptcy, have played an important role in fairly repaying debts and improving the market exit mechanism, but they require more judicial costs and time costs. The Heshan People's Court explored a new path for the rebirth of enterprises, accepted the bankruptcy reorganization case of Guangxi Xinxiu Investment Co., Ltd. (hereinafter referred to as "Xinxiu Company"), and successfully helped enterprises get out of difficulties by using the pre-reorganization procedure for the first time.
Xinxiu Company is an enterprise with coal mining and sales as its main business, but due to poor management, since 2019, the mines under the company's name have been suspended one after another, and as of May this year, the accumulated debt amount is about 1More than 200 million yuan, seriously insolvent, so he applied to the Heshan Court for pre-reorganization, hoping to inject fresh "blood" into the enterprise with the help of judicial power.
After careful examination, the Heshan People's Court held that the mines under the company's name were rich in recoverable reserves, had great development value, still had profit prospects, and that the target enterprises were willing to throw "olive branches", and the success rate of the reorganization was relatively large, so it decided to carry out a three-month pre-reorganization of the company and appoint a temporary administrator with rich experience to take over the relevant affairs of the company.
During the pre-reorganization period, the court provided corresponding legal guidance, supervision and judicial coordination, guided all relevant stakeholders to analyze the feasibility of the successful reorganization based on the operating value of the enterprise, promoted the formation of a draft reorganization plan, and ensured the smooth connection between the out-of-court reorganization and the reorganization procedure. Through the pre-reorganization procedure, part of the work in the reorganization procedure is put in front, so that the enterprise can take advantage of the advantages of the statutory reorganization procedure to resolve the debt crisis, and also win the space to negotiate with investors and creditors, so as to improve the success rate of the reorganization.
After the completion of the pre-reorganization procedure, Xinxiu Company formally filed an application for reorganization with the court and was ruled to accept it. After the unanimous vote of all creditors, the draft reorganization plan was successfully passed, and the Heshan Court ruled to approve the reorganization plan. From the acceptance of the ruling to the approval of the plan, it took only one month for the Heshan court. So far, the debt crisis of Xinxiu Company has been resolved in a timely manner, 100% of the employees' claims and preferred claims of the enterprise have been repaid, and the repayment rate of ordinary claims has also increased to 90%, and the employment problem of more than 100 workers has been solved, which has become a successful model for the Heshan Court to play its judicial function to optimize the business environment under the rule of law.
This case is the first bankruptcy pre-reorganization case heard by the Heshan Court, and it is also a shortcut to save bankrupt enterprises explored by Guangxi Heshan Coal Industry Co., Ltd. after bankruptcy liquidation, and has created a successful example for the application of Heshan's multiple dispute resolution mechanism in the field of market-oriented bankruptcy.
Use "live" enforcement measures to realize the rights and interests of enterprises to win lawsuits.
On the one hand, the Heshan Court adheres to the concept of combining the implementation of laws and regulations and the protection of the benign development of enterprises. On the other hand, for enterprises in temporary difficulties, the court adheres to the concept of good faith and civilized enforcement, prudently applies judicial coercive measures, tries to avoid the impact on the normal operation of the enterprise, and adopts methods such as phased performance, enforcement reconciliation, and flexible preservation to create conditions for the resumption of production and sustainable development of the enterprise.
When a real estate developer in Guangxi developed and built a residential community in Heshan, he borrowed more than 2 million yuan from Luo due to difficulties in capital turnover, and was later sued to the Heshan Court due to his inability to repay, and the court ruled to seize the company's 28 properties in accordance with the law. However, the person in charge of the company knew that the property had been seized, but still sold it to the outside world, and the house payment was not used for repayment, so Luo applied for compulsory enforcement.
Considering that almost all of the seized properties have been sold to the outside world and most of the owners have been renovated and moved in, if the auction is compulsory, it may intensify the conflict between the owners and the company, trigger centralized petitions, and affect social stability. Due to the rupture of the capital chain, the buildings under construction in the community could not continue to be started, and due to fire protection and other problems, the project failed to pass the completion acceptance, and the owners of more than 200 households who had moved in could not go through the real estate procedures.
In order to cash out Luo's winning rights and interests as soon as possible, and at the same time solve the problem of the real estate procedures of the owners of the community, the Heshan Court decided to take the measure of "releasing water to raise fish", only auctioning the unsold properties, and actively coordinating the owners who have moved in to pay the balance of the purchase, and at the same time communicating and coordinating with relevant departments and construction units to help enterprises restore credit, help enterprises resume work and production, and maintain "hematopoietic function". The leaders of the institute regularly visit the site to check the progress of the project construction, urge it to build in strict accordance with the construction standards, promote the smooth sale of the house and the honest performance of the contract, so that the already "unfinished" real estate can be successfully revitalized. At present, the community has successfully passed the completion acceptance, and the case payment has been partially fulfilled.
The business environment can only be better, not the best. "Heshan Court will always adhere to the optimization of the business environment under the rule of law into the whole process of judicial case handling, continue to explore new ways and means of judicial services, cultivate a stable ecological soil for the rule of law for the high-quality economic development of Heshan, and empower the healthy development of enterprises. (Pan Xiaodan).