Hello everyone.
I'm Brother Qi, the founder of the Shenzhen "Justice Enforcement" lawyer team.
There has always been an opinion: not every case is suitable for detention to force repayment!
Today, I will use the weekend to talk to you about the twists and turns of the detention link, nagging and nagging "It seems like a simple detention, why do you really have to do it only to find that there are pitfalls everywhere? ”
The punishment method of detention is relatively serious and strict, and even a strict enforcement measure for civil cases.
Yes, we have to admit that for the enforcement case of a small target, as long as someone is found, the probability of recovering the money is still very large.
After all, detention centers are not a fun place.
Soak cabbage in water every day for 15 days. This kind of ** journey, not everyone is willing to carry.
It is precisely because someone can't bear it that he will find a way to escape from the pain (let him go if he pays back the money).
Or maybe his family doesn't feel the need to make him suffer, and it's okay to help him pay back the money.
Let's just pay back the money as long as the result is achieved.
That's what we're for.
But the premise of detention is to find someone.
For Brother Fa, with tens of thousands of cases in his hands, it is impossible to remember the appearance of each person subject to execution and check the whereabouts of each person subject to execution in his mind.
Besides, the judge does not have the authority to locate mobile phones and other judicial resources that are only available in criminal investigation departments.
Usually, the plaintiff is required to provide substantial and true clues such as the whereabouts and address of the person subject to enforcement.
In order to smoothly carry out the detention without wasting judicial resources, it is even necessary for the plaintiff to squat and make sure that the person subject to execution has been confined to a certain room or a specific area, and then the brother will take someone out of the police to carry out the arrest of the detention.
In actual judicial practice, not every plaintiff is willing to cooperate with the court and voluntarily undertake the work of finding someone and squatting.
They believe that it is all the work of the Court.
Some are due to objective reasons, such as being in a foreign place or the person subject to enforcement is in a foreign country, and it is inconvenient for them to run back and forth, such as worrying that they will not be able to control their emotions at the scene and have a physical conflict with the person subject to enforcement, etc., but some plaintiffs just feel that they have paid the enforcement fee and the court is obliged to do the rest of the work. If you spend money on the service, you should wait for the results at home, or even wait for the payment to be returned.
In fact, as the role of Brother Fa, he hopes that the plaintiff can provide corresponding cooperation, and there is a reason why they can find the old man together:
The plaintiff is usually not a stranger to the person subject to enforcement, and it should be easier to find and recognize people.
Whether it is a loan or a contract dispute, under normal circumstances, the plaintiff will not be ignorant of the structure, living habits and living area of the defendant's family members.
It is even possible to have the same connections and friends as the person subject to execution.
If you really inquire carefully, you will not be unable to inquire about useful clues.
Compared with Fargo, who is responsible for thousands of cases alone, the plaintiff has fewer cases in his hands, and he benefits the most from the collection of money, and he also has more motivation to inquire about the defendant's whereabouts, investigate and squat.
If the person subject to enforcement can be locked in a relatively closed area (such as a certain house), the fargo can directly come to the door and detain him.
Even if the plaintiff is not willing to rush to the front line, I recommend that everyone go to the scene and witness the detention process.
To tell the truth, it's quite relieving to see Lao Lai being handcuffed and imprisoned in the car.
In addition, working with Brother Fa to determine the route and determine the person to be executed is indeed conducive to the smooth progress of the detention (especially in winter). Everyone is wearing so much, and it is not easy to expect Fargo to find Lao Lai in the vast sea of people).
With the plaintiff's cooperation, Fargo will score higher when he evaluates the effectiveness of the detention implementation.
Some local courts stipulate that as long as the police are called, there must be a result. So if you are not sure of Lai's location, Brother Fa will not go to the police.
There are still many people in the case, or this is the reason.
If the plaintiff can do a good job of finding someone to squat and determine the whereabouts of the suspect, as long as the police are dispatched and the old man is arrested, the efficiency of the detention will be much improved.
Let me tell you here that although Brother Fa does not have the permission to locate his mobile phone, as a plaintiff, he can actually apply to the judge for "temporary control measures" (normally 24 hours, but also half a month).
In addition, the plaintiff can post the information on Lai's dishonesty on the community or village entrance like a big-character poster, but these are better than none of the deterrents to Lai.
Now people don't pay attention to these, and Lao Lai doesn't care about face. However, sticking stickers everywhere can indeed resolve the plaintiff's grievances, ease the relatively tense relationship between the plaintiff and the brother, and increase trust.
Usually, the old man is caught, and he is not thrown directly into the detention center, but taken back to the court's mediation room.
After all, in civil cases, all punishments are in the hope that the other party will change their minds and repay the money.
Usually the court will explain the outcome of the detention if he is not detained, and also let him see the detention cell, handcuffs, etc.
But when some old men were arrested, they directly asked, "Do I want to bring clothes?" ”
This kind of is the one who is determined not to pay back.
If you have no desire, you are strong, and people want to be detained, and this kind of old detention has no deterrent effect on him.
If you really can't talk about it, then really send it in.
It's just that detention centers are more exclusive to detention in civil cases, but whenever they find any reason why they are not suitable for detention, they will be direct.
Reject. The defendant's high blood pressure of 180, heart disease, infectious diseases, age over 70 (in fact, it is difficult to detain at the age of 60), depression in the past, suicidal tendencies, etc., may be grounds for refusal in the detention center.
The other party does not accept official positions.
For example, deputies to the county people's congress and members of the county CPPCC must first be submitted to the higher-level organization for approval.
Finally, to answer the small question that everyone often asks: How many times can you detain Lao Lai a year?
If there are 26 reasons for detaining the old man. It's just that the plaintiff can really use not much.
Regarding the 26 reasons for the detention of the old man and the validity of each reason, I have written a special article before, so you can take a look at it.
Under normal circumstances, detention twice a year is very strong, and it needs to be applied for by different plaintiffs at different times. (15 days here arrived, 15 days over there).
However, the continuous detention is not to be locked up and not released, but to release the person after 15 days. When they arrived at the door, the detention decision was read out again, and the detention process was re-followed and detained (and some even had a new medical examination).
That's all for now.
I am Brother Qi, the founder of Shenzhen's "Justice Enforcement" lawyer team, you can come to the law firm to sit when you pass by Shenzhen, and you are welcome to [作揖][作揖].