Due to the Shanxi Provincial Department of Natural Resources' disregard for the legal judgment and perfunctory responsibility, the enforcement of the case has been difficult and the case involving the subject matter of 40 million yuan has not been completed after 14 years. The situation is as follows:
From the time the case was filed in 2009 to 2017, the case took eight years and was appealed to the Supreme People's Court three times. In the end, the Shanxi Provincial High People's Court issued the (2017) Jin Min Chu No. 24 Civil Judgment, and the defendants, Shanxi Hunyuan Ruifeng Coal Industry Co., Ltd. and Shanxi Ruifeng Pharmaceutical Group, did not appeal the judgment within the appeal period.
On March 20, 2018, the Shanxi Provincial High Court issued the Jinzhi No. 10 Enforcement Ruling, but it has not been implemented for six years. This not only violates the provisions of the law, but also harms the legitimate rights and interests of the parties.
Second, after Shanxi Hunyuan Ruifeng Coal Industry Co., Ltd. paid the price of the mining license, the Department of Natural Resources did not apply for the renewal of the mining right for it, nor did it refund the money paid by the company. Nor does it enforce effective legal judgments. The Shanxi Provincial Department of Natural Resources issued a letter to the Shanxi Provincial High People's Court, stating that "the expropriated mining rights transfer proceeds shall be managed by the financial department, and the Department of Natural Resources, as the competent department of mineral resources, has no right to dispose of the transfer proceeds that have entered the treasury", but the Shanxi Provincial Department of Finance orally replied that the reply letter of the Shanxi Provincial Department of Natural Resources was wrong, and called the Shanxi Provincial Department of Natural Resources on the spot. Subsequently, the Shanxi Provincial Department of Natural Resources sent another letter to the Shanxi Provincial High People's Court, stating: "The mining rights are not eligible for renewal at present. Since it does not have the conditions for renewal, why is it not refunded to the paying unit, this kind of behavior is not only a social scoundrel act, but also a contempt for the law and a violation of the judicial process.
The Shanxi Provincial Department of Natural Resources and the Shanxi Provincial Department of Finance passed the buck to each other, kicked the ball, lazy and lazy in government, and refused to implement the effective judgments of the laws that had already been determined. They shirked each other's responsibilities and refused to perform their duties in handling the case, resulting in no progress in the case so far. Such inaction not only violates professional ethics and professional conduct, but also undermines the credibility and authority of the judiciary. Moreover, the legitimate interests of the people are not guaranteed, and they cannot experience the fairness and fairness of the law.
To sum up, the Shanxi Provincial Department of Natural Resources, the Shanxi Provincial Department of Finance and other departments passed the buck and other behaviors led to the failure of the enforcement of this case. This kind of behavior not only harms the legitimate rights and interests of the parties, but also undermines the legal environment of society. It is hoped that the above-mentioned departments will take this case seriously and take practical and effective measures. We will continue to follow up and report on the progress of this case. [See the figure below for the enforcement ruling].