On February 23, at almost 5 p.m. on the 14th day of the first lunar month, Judge Yang, who was in the office, received a text message on his mobile phone, an unfamiliar number, with four simple and clear words: "Don't die well." The stunned judge immediately dialed back, and was abused in **, it turned out that this was Yin, the person subject to execution of a case undertaken by Judge Yang in 2020, and the judge fully considered the actual situation and the nature of Yin's behavior, and decided to summon and punish Yin.
Time back to four years ago, the person subject to execution, Yin, rode an electric car and made a left turn carelessly, resulting in a fall on the executor Zou who rode straight, and the traffic police determined that Yin was fully responsible, and the car accident caused Zou to have a lobe contusion, a basilar skull fracture, brain herniation, secondary epilepsy, etc., and the medical expenses alone cost more than 170,000 yuan, and the follow-up ** is a bottomless pit. When the judge saw Zou, he was middle-aged, his eyes were dull, he had completely lost his normal mind, and he could only barely move around with the support of his daughter and family.
The first twist and turn
In 2020, Zou's family only prosecuted and executed more than 170,000 yuan for medical expenses, Yin was 68 years old that year, in the face of execution, he had a tough attitude and asked for money. How does it work? The question was before the presiding judge. Directly start the auction of two sets of resettlement houses, deducting the spouse's share and other expenses, Zou is expected to get only enough for the first medical expenses, what should I do if there are so many in the future? In the future, even the cost of litigation will be a large expense. On the other hand, Yin and his spouse are also nearly seventy years old, and the remaining money from the auction is not enough to buy a house for retirement, which is a lose-lose result. That being the case, the pressure must be given. After several rounds of negotiations, the two parties finally reached an agreement, and the family of the person subject to execution paid 130,000 yuan in cash compensation, and agreed to arrive at a resettlement house to Zou in the future, and the key was delivered on the spot, and the transfer costs were borne by both parties at that time. It wasn't perfect, but it was the best outcome. Zou saved the cost of follow-up litigation and received the maximum compensation, and Yin and his family left a set of real estate to support their retirement. The matter should have settled at this point, but good things were grinding, and three years after twists and turns.
The second twist and turn
In 2021, the resettlement houses in Baitu Town began to be ** one after another, but because it was less than two years, Yin asked the court to coordinate whether he could wait for two years to save some money on the transfer, and the kind-hearted Zou family agreed despite worry. At the end of October 23, the two parties went to handle the transfer on their own under the notice of the court, which was originally very simple and smooth, Yin should bear 3230 yuan in transfer taxes, which has saved a lot, but he let Zou's daughter only throw off 2000 yuan after the cushion, and left straight away with the invoice!! Follow-up to him ** ignored it, and Zou's daughter had no choice but to come to the court with the ** taken at the scene to ask for help. 1230 yuan for ordinary people, maybe give up, but the pillar of Zou's family still needs to be taken care of, his daughter began to work in the factory to support the family before 20 to pay off debts, such money is deducted, how can I bear it? The judge then directly deducted from Yin's account to Zou. Considering that Yin is also over 70 years old, the judge did not fine, but the matter should have come to an end, and the twists and turns came.
The third twist and turn
On February 23, 24, Yin went to the bank to check the accounts, and found that the 1,230 yuan was deducted by the court, so he was embarrassed and angry, and picked up his mobile phone and sent it to the number of Judge Yang who had been saved: "Don't die well", the message was sent at almost five o'clock, and the police car arrived at his house at half past five, which shocked Yin who was eating. After being summoned to court, Yin's children were notified to appear, and after investigation and conversation, Yin admitted that he had insulted the judge, apologized, and the court made a decision to impose a fine of 20,000 yuan on him and let his family take him home.
The final reversal
That night, Yin had no sleep. Also suffering from insomnia is Judge Yang, Yin and his relatives apologize and repent one after another, but what he thinks about the most is that the punishment is legal and justified, but can its significance be realized? Should Yin's behavior be punished? He deserves to be punished both before and after. But Cari only has more than 20,000 yuan left, which is also a pension money that he has saved for several years, and the punishment is regretful, but it affects the pension. However, if there is no punishment, it will not be tolerated by emotion, reason, or law.
As soon as he went to work on the morning of February 26, Yin, accompanied by his family, came to the court to plead with the judge, and even wanted to kneel down and apologize many times but was stopped. But your biggest mistake is not this, but in the face of a certain Zou family, the family has collapsed because of this car accident and is in debt, how old is your daughter to face everything alone, you also have children, what if your daughter suffers all this? How could you bear to withhold her money? Everything has a cause and effect, and your conscience in front of you caused the next thing to happen and then you were fined, don't you feel a pain in conscience after thinking about it? Yin was speechless, ashamed, and finally discussed with his family, took the initiative to apply for condolences and compensated Zou a few thousand yuan, and obtained the understanding of Zou's daughter, and this court also based on his remorse and the collegial panel deliberated to greatly reduce the amount of his fine, and achieved the final effect of a win-win situation of punishment and subsidy. On February 27, Zou's daughter sent a pennant to the court, thanking the court for always trying its best to protect the family.
Judge's message
Enforcement of fines and punishments is never the goal, but the original intention of the legislation is to guide and help the person subject to enforcement to perform his debts to the best of his or her ability, and to protect the legitimate rights and interests of each applicant for enforcement to the greatest extent. In the face of disadvantaged groups, we should always have empathy.
Editor: Zhang Mengmeng.
*: Jurong Municipal People's Court.
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