Our judge handled the case so quickly, and we received our hard-earned money before the Spring Festival, and we were finally able to go home for a peaceful New Year! Applicant Zhou Ziliang excitedly shook the hand of the executive judge and presented a pennant of "due diligence and justice for the people", which was a touching scene at the press conference of the Loudi Intermediate People's Court.
In order to fully implement the spirit of the 20th National Congress of the Communist Party of China, thoroughly implement the idea of the rule of law, and effectively enhance the people's satisfaction and sense of judicial gain, on January 30, the Loudi Intermediate People's Court held a press conference on the implementation of the work and a centralized cashing conference for the wages of migrant workers More than 10,000 yuan.
In 2023, the Loudi People's Court will deepen its main responsibilities and main business, optimize the allocation of resources, tap the potential of the team, strictly grasp the construction of the team, deepen the enforcement linkage mechanism, expand the linkage platform, and build a general pattern of enforcement. It has successively deployed and carried out special enforcement actions such as "Bright Sword in the Cold Winter to Warm the Hearts of the People", "Hunan Enforcement Sword 2023", and "Centralized Distribution of Enforcement Case Funds", with a total of 19,379 cases (including 912 old cases) being collected and 18,500 cases being closed, with a case completion rate of 9546%, implementation in place 31300 million yuan, of which 890 cases involving migrant workers' wages were executed, and 1882 were implemented in place380,000 yuan. The quality and efficiency of enforcement at the same level of the Intermediate People's Court ranks first in the province, and the quality and efficiency of enforcement by the courts in the city ranks third in the province.
Doing a good job in arrears of migrant workers' wages is not only a matter of people's livelihood, but also a political issue. The party group of the Loudi Intermediate People's Court immediately arranged and deployed how to carry out the special action of the city's courts to enforce the winter trial of wage arrears, and took multiple measures to smooth the "fast lane" of wage arrears. In the next step, the city's courts will adhere to the guidance of the socialist ideology with Chinese characteristics in the new era, work hard, work together, overcome difficulties, go all out to promote the implementation of the work of arrears of wages, effectively safeguard the legitimate rights and interests of workers, and contribute to the economic and social development of Loudi.
Chen Weiwei, deputy director of Hunan Dikun Law Firm, deputy to the Municipal People's Congress, Guo Wei, deputy director of Loudi Real Estate Registration Center, Luo Lingli, member of the Chinese People's Political Consultative Conference and manager of the operation department of Chinese Shou Loudi Branch, Hunan **, Red Net, Loudi **, Loudi TV and other news ** were invited to attend the meeting.
Typical cases
The sword is unsheathed to show its power, and the compulsory detention is effective.
A series of disputes between 8 people including Wu and Wang and Xiao for recourse to labor remuneration.
Enforcement case. [Basic Facts of the Case].
In a series of cases of disputes over labor remuneration between 8 people from Wu and Wang and Xiao Moujun, the Louxing District Court ruled that Wang and Xiao Moujun paid the wages of 8 people including Wu 32,982 yuan. Later, because Wang and Xiao failed to fulfill their payment obligations in a timely manner, Wu and 8 others applied to the Louxing District Court for compulsory enforcement.
After the series of cases were filed for enforcement, the enforcement judge did not find that the persons subject to enforcement, Wang and Xiao, had property available for enforcement through online property inquiries, and at the same time, the persons subject to enforcement, Wang and Xiao, refused to accept the legal documents for enforcement, refused to report the property, and deliberately evaded enforcement. After the applicant for execution provided the court with clues about the whereabouts of the person subject to execution, Xiao Moujun, the Louxing District Court immediately arranged for the enforcement police to squat and successfully summoned Xiao Moujun to the case. After the patient persuasion of the executive judge, Xiao Moujun still did not perform the obligations determined by the effective legal documents, and the Louxing District Court decided to detain Xiao Moujun for 15 days, and after learning that he would be judicially detained, under pressure, Xiao Moujun immediately expressed his willingness to fulfill his obligations, and paid 32,982 yuan in arrears to Wu Mou and other 8 people, and the series of cases were executed.
[Typical significance].
At present, the evasion and evasion of enforcement by the person subject to enforcement is still the main contradiction and prominent problem in enforcement work. Highlighting the compulsion of enforcement work, continuing to increase the intensity of enforcement, and promptly ensuring the realization of the lawful rights and interests of the winning parties remain the focus and main line of enforcement work. In this case, the enforcement court made full use of legal punishment measures to decide on judicial detention of the person subject to enforcement in accordance with the law, and under the power of the compulsory measures, forced the person subject to enforcement to perform his obligations and recovered the wages of 8 migrant workers, effectively protecting the labor rights and interests of the laborers and enhancing the people's sense of happiness and gain.
Active judiciary shows responsibility, efficient implementation promotes harmony.
Deng Mouwei and other 22 people and Deng Mouyi, Deng Moucai, and a construction project in Hunan.
Enforcement case of recourse to labor remuneration dispute.
[Basic Facts of the Case].
Deng Mouwei and other 22 people and Deng Mouyi, Deng Moucai, and a construction project in Hunan Province to recover labor remuneration disputes, after the judgment of the Shuangfeng Court, Deng Mouyi, Deng Moucai and a construction project in Hunan paid Deng Mouwei and other 22 migrant workers a total of 162.99 million yuan. After the judgment took legal effect, because the person subject to enforcement failed to perform the legal obligations determined by the effective judgment, Deng Mouwei and 22 others applied to the Shuangfeng Court for compulsory enforcement in accordance with the law.
The Shuangfeng Court included the case in the green channel of expedited execution, and the enforcement judge froze the bank deposits of a construction project in Hunan in accordance with the law at the first time, and communicated with 22 applicants for execution such as Deng Mouwei and the person subject to execution, Deng Mouyi, Deng Moucai, and a construction project in Hunan, after many coordination, Deng Mouwei and other 22 people agreed to give up the interest and case acceptance fee, and the person subject to enforcement, a construction project in Hunan, agreed to pay 16 wages owed2.99 million yuan was transferred to the special account of the hospital. The arrears of wages for 22 migrant workers, including Deng Mouwei, were all completed within one month after the enforcement case was filed.
[Typical significance].
There is no trivial matter in people's livelihood, and the branches and leaves are always related. Although the subject matter of this case is not large, it involves a large number of people and is a socially vulnerable group such as migrant workers, and the enforcement judge patiently communicated and coordinated with both parties in the case, completed the work of both parties, and successfully let the person subject to enforcement perform his obligations, recover the wages of 22 migrant workers, and protect the labor rights and interests of the parties under the condition of mutual understanding and mutual concession between the two parties. In addition, in order to protect the labor rights and interests of migrant workers, the enforcement court opened up a green channel to achieve fast filing and execution, and the series of cases were executed within one month of filing, demonstrating the strength and speed of enforcement and case handling, which is an efficient practice to safeguard the legitimate rights and interests of workers, and provides useful experience for the smooth conclusion of similar cases involving people's livelihood.
Goodwill, civility, protection of rights and interests, interpretation and analysis of the law, and promotion of win-win.
Liang Moufei and a construction project in Hunan Province *** work-related injury treatment dispute enforcement case.
[Basic Facts of the Case].
In the case of a dispute over work-related injury benefits between Liang Moufei and a construction project in Hunan, after mediation by the Lianyuan Labor and Personnel Dispute Arbitration Commission, it was confirmed that a construction project in Hunan would pay Liang Moufei a total of 200,000 yuan in work-related injury insurance benefits before June 30, 2023. After the mediation agreement came into effect, a construction project in Hunan Province failed to perform the obligations determined in the labor arbitration mediation agreement, and Liang Moufei applied to the Lianyuan Court for compulsory enforcement.
During the enforcement process, the enforcement judge learned that the person subject to enforcement was not without the intention to perform, but that due to the poor communication and coordination between the two parties when handling work-related injury insurance benefits, some work-related injury insurance benefits could not be applied for for a long time, which affected the enforcement of the whole case. After grasping the situation, the enforcement judge did not simply take seizure and freezing measures for the enforcement of the case, but patiently communicated with both parties to explain the legal relationship and the legal consequences of taking compulsory enforcement. The person subject to enforcement said that the part that the enterprise should bear can be paid immediately, and is willing to actively cooperate with the application procedures for work-related injury insurance benefits, and put forward a performance plan, and the applicant Liang Moufei also agreed to the payment plan of the person subject to enforcement, and the two parties reached a settlement agreement, and the case was completed within one month.
[Typical significance].
In the process of enforcement, the undertaking judge adhered to the concept of strengthening the concept of good faith and civilized enforcement, and did not handle the case and enforce the law mechanically, but actively communicated with both parties to find out the crux of the enforcement, break the impasse of the enforcement, and conclude the case quickly and efficiently. It not only safeguards the legitimate rights and interests of workers, but also guarantees the normal production and operation of enterprises, achieving a win-win effect.
Skillfully use "live sealing" to solve "dead buckles" and perform in installments to promote implementation.
Zhang Mouhua and other 6 people were responsible for motor vehicle traffic accidents with Wu Mouzhi and Xie Moujun.
Enforcement of disputes.
[Basic Facts of the Case].
In the case of a motor vehicle traffic accident liability dispute between Zhang Mouhua and Wu Mouzhi and Xie Moujun, the Lengshuijiang Court made a judgment that the defendants Wu Mouzhi and Xie Moujun compensated the plaintiff Zhang Mouhua and other 6 people for losses of 41370,000 yuan. After the judgment took effect, Wu Mouzhi and Xie Moujun did not take the initiative to compensate for the losses, and 6 people, including Zhang Mouhua, who applied for enforcement, applied to the Lengshuijiang Court for compulsory enforcement.
In the course of enforcement, after taking inquiry measures, except for the pre-litigation property preservation and seizure of a truck in the name of the person subject to enforcement, Xie Moujun, no other property was found that the person subject to enforcement, Wu Mouzhi and Xie Moujun, had other property available for enforcement. Six people, including Zhang Mouhua, applied to the court to auction the truck. It is understood that the person subject to enforcement, Xie Moujun, usually relies on the truck to transport goods for a living, and the person subject to enforcement, Wu Mouzhi, is unemployed at home and has no ability to perform for the time being. In this case, if the truck is auctioned in accordance with the law, only part of the amount can be enforced, and the subsequent repayment ability of the persons subject to enforcement, Xie Moujun and Wu Mouzhi, cannot be guaranteed, and the case cannot be executed and closed. Considering the practical predicament of both parties, the enforcement judge proposed to adopt the method of "sealing and detaining" the truck, with Xie Moujun paying Zhang Mouhua and others 10,000 yuan in advance to relieve the economic pressure, and handing over the seized vehicle to Xie Moujun to continue to operate and earn labor remuneration to be repaid in installments.
[Typical significance].
Justice for the people and take the initiative to act" is the proper meaning of the people's courts in serving and ensuring economic and social development. In the process of handling this case, the enforcing court fully considered the life and repayment ability of the person subject to enforcement, and adopted the method of "live sealing" the business assets, so that the seized property could be used to the fullest, avoiding the waste of social resources, and taking into account the rigidity and flexibility of the enforcement work, which not only protected the legitimate rights and interests of the winning party, but also guaranteed the "hematopoietic" ability of the person subject to enforcement, and successfully facilitated the settlement. This case implements the judicial concept of "people-centered" and realizes the organic unity of the three effects.
Judicial aid has warmth, relief and problem solving, and warms the hearts of the people.
Liu Mousheng and 6 others were involved in the enforcement of labor contract disputes with Liu Moujia.
[Basic Facts of the Case].
In the case of a labor contract dispute between Liu Mousheng and 6 others and Liu Moujia, the Xinhua Court ruled that Liu Mousheng and 6 others should pay 35,600 yuan in labor remuneration to Liu Mousheng and other 6 people, and because the person subject to enforcement did not take the initiative to perform the obligations determined in the effective legal documents, Liu Mousheng and other 6 people applied to the Xinhua Court for compulsory enforcement.
After receiving the application for enforcement, the Xinhua Court ascertained that Liu Moujia had no property available for enforcement. The presiding judge visited the site and learned that the person subject to enforcement, Liu Moujia, is suffering from uremia and is currently in a hospital in Xinhua**, and needs to rely on drugs to maintain his body every day, and his family is in debt. After many inquiries, investigation and verification, it was learned that the 6 applicants were nearly 60 years old, with meager incomes and no fixed economic income, and some of the applicants had lost their ability to work and their families were in poverty. The undertaking judge actively guided Liu Mousheng and other 6 people to apply for judicial assistance, and after applying and reviewing the case, it was confirmed that the case met the conditions for applying for assistance, and finally the Xinhua Court rescued Liu Mousheng and other 6 people through social assistance** 28,240 yuan.
[Typical significance].
Judicial aid work is not only a direct embodiment of respecting and protecting human rights, but also a practice of the concept of justice for the people. In this case, Liu Mousheng and other 6 applicants had irregular incomes, family life was difficult, and the person subject to enforcement was seriously ill, had no property available for enforcement, and had lost the ability to perform. In order to effectively do a good job in the rescue of the people in difficulty in the process of enforcement, and effectively protect the lawful rights and interests of the parties, the enforcement court adhered to the concept of "all should be saved", and gave judicial assistance to 6 parties, alleviating urgent needs and helping them tide over difficulties, so that the people felt the warmth of justice, effectively improved the people's sense of access to justice, and at the same time effectively resolved social contradictions and promoted social harmony.