This time he also had a withdrawal smile -like smile

On January 23, 2019, the annual report report from the Judge Judge of Luliang Intermediate People's Court and the president of the People's Court Ma Xinghua, after being pushed by the WeChat public account of Luliang Intermediate Court, unexpectedly became popular online with a unique perspective and humorous language. After watching many netizens, they left messages, "the judges have worked hard" and "praise the judge."

Ma Xinghua's opening is like this: Today, when we are here, I see everyone's face filled with withdrawal.

Regarding the withdrawal of a withdrawal, netizens "red -haired oranges" have long said in her public account, and many people in the court have heard of this paragraph: a judge buddy and a few friends drinking, drunk to people. After being carried home, his wife used various methods to soberize him, which was unaware of it. His wife called and asked his friend what to do. The friend said you asked him, "I want to withdraw the lawsuit, what do I do?" Although his wife was puzzled, she did it. Unexpectedly, the words did not fall, and I saw the drunk man jumping up from the bed, and shouted: "You write an application, wait a while, I will give you a rule!" My wife was full of tears at this time ... Mowing

The plaintiff asked the plaintiff to withdraw his prosecution before the case was accepted by the people's court, and the plaintiff requested to withdraw. Withdrawal, it means the conclusion of the case. For judges, the most important assessment indicators are the closing rate. The withdrawal of the case is also a type of case, and this method of conclusion saves time and effort. After the case, the parties will neither appeal nor letters and visit. It is the best way to conclude in the minds of judges. Therefore, whenever there is a party to withdraw the lawsuit, the judge will be as happy as the lottery. Therefore, in the court, describing the highest level of a person's happiness is "a smile like withdrawal on his face."

In all the cases of withdrawal, the most gratifying thing is that the plaintiff withdrew the lawsuit after the defendant was fulfilled. For the winner, the judgment has thousands of words, and it is just a piece of paper. Only when the loser is automatically fulfilled or forcibly executed, this paper can become real gold and silver. In the past, I emphasized that the case was made, and the case was over. Although the case was settled, although the case was a bit so earthy, it was more grounded than the statement of the Tiecang case.

After the defendant's performance, the plaintiff withdrew the lawsuit and could not be easily encountered. In mid -July 2022, Judge Zhang of the Yanji Court team met such a great thing!

(The characters in the case are pseudonym)

The plaintiff Azhe said that from 2011 to May 2014, the defendant Akin, in the name of his son's marriage, mother -in -law funeral, his brother's passport, and his own abroad, and borrowed 285,000 yuan in 7 times. In the last borrowing of money, Akin gave the plaintiff aid and mortgaged the property right certificate. After that, Akin and his family went abroad. From 2014 to 2018, Akin's wife returned to China twice to accompany her daughter for exams. During the domestic period, Azhe told Akin's wife many times the fact that Akin borrowed 285,000 yuan and asked their husband and wife to return. Akin's wife said that he also said that he had listened to Akin and recognized the fact that he borrowed, but refused to repay on the grounds that he had no money. In order to return the loan, Azhe has been looking for the defendant's husband and his family dozens of times since 2014 to demand that the borrowing is required, but the defendant's husband and wife have been avoided in various ways. In desperation, Azett sued the couple to the court. At the same time as the prosecution, the plaintiff filed an application for property preservation.

For property preservation, expert Cao Fengguo's exquisite discussion:

Property preservation is a litigation guarantee system for ensuring the successful implementation of the referee and avoiding losses to the losses of the rights of claims to be subject to losses, and the relevant property of the parties.

As the product of the development of the commodity economy, the property preservation system is as ancient as the right to protect the rights of civil entities.

In modern society, property preservation procedures, as an industrious part of the civil procedure law, objectively have become an important way and starting point for resolving civil and commercial disputes. Not only are the civil litigation procedures be carried out smoothly, it is also a practical solution to the implementation difficulties from the source. The indispensable effective mechanism, especially in the current people's court's full effort to promote the difficulties of implementing difficulties in implementation, the property preservation system carries more special value and significance. The big dataization of the list of the person who is executed, the electronicization of the case handling process, and the network of property inspection and control can still not overcome the systemic obstacles and the defects of the social integrity system that can be successfully realized. The systemic dislocation of the legislation itself can no longer advance more substantial changes. We have to turn the focus of attention to the transformation of the overall litigation system, including the preservation system, and Stimulate the internal potential of civil lawsuits and implementation systems, and look forward to chain reactions, thereby achieving fair and efficient advancement of mid -end litigation procedures and the universal peace of the terminal execution procedures.

In fact, the scientific application of property preservation measures can indeed greatly shorten and simplify the links and cycles of litigation procedures, reduce the cost and complaint of the parties, save the original tense judicial resources, and for the pre -court reconciliation, off -court reconciliation, trial trial Mediation and automatic performance of creating a good judicial environment, laying a solid foundation for the timely realization of the rights of the parties.

After the plaintiff Azhe applied for property preservation, Judge Zhang, who was responsible for the case, made a civil ruling of property preservation in a timely manner and seized the defendant Akin's domestic house.

Due to the plaintiff's prosecution, the defendant's husband and wife were no longer in the country. The plaintiff did not know where the defendant's husband and wife were specifically abroad. They only knew that Akin's fixed phone number and his daughter's mobile phone number asked the court to announce the announcement of the defendant's husband and wife. Article 95 of the Civil Procedure Law stipulates that if the whereabouts of the dealers are unknown, or other methods specified in this section cannot be delivered, the announcement will be delivered. From the date of the announcement, after thirty days, it is deemed to be delivered.

This provision has been clear that only if the whereabouts of the person who are delivered unknown, or the poverty of the "Civil Procedure Law" chapter 7 of Chapter 7 of the Civil Procedure Law, other methods such as direct delivery, reserve delivery, and mailing can be applied. Destrup.

The requirements for the announcement of the announcement are high, and the time requires a long time. The first consideration of Judge Zhang is to exhaust other delivery methods. According to the characteristics of the original and the defendant's familiarity with each other, Judge Zhang asked Azhe to provide all the contact information of Akin, and later Azhe pushed Akin's WeChat business card to judge Zhang. Judge Zhang immediately clicked on Akin's WeChat business card and applied to add to WeChat friends. It stated in the application of adding friends: I am the judge Zhang of the Yanji People's Court, because Azhe and your loan case, please accept me to accept me. WeChat.

Originally, Judge Zhang did not expect to add the defendant's WeChat immediately, but just hoped to do his ideological work by sending a friend's application. Unexpectedly, I added it all of a sudden, and I could start chatting. Speaking of time, the judge Zhang immediately showed a killer, and directly posted a civil ruling of property preservation to the other party's WeChat, leaving him a message: have seal your house and ask you to respond to the lawsuit as soon as possible.

Judge Zhang thought: Real Estate is the defendant's dead point. The house has been controlled. As long as the defendant cannot win the lawsuit, he is not afraid that the defendant will not pay back. However, the other party did not respond ...

While contacting Akin, Judge Zhang also called the defendant's daughter's mobile phone for the first time. After calling a few times in a row, they were able to dial but no one answered. Search for WeChat with the daughter's mobile phone number, showing that the user does not exist. In order not to disturb her, Judge Zhang sent her a text message: I am a judge of the Yanji People's Court, because Azhe's borrowing case with your parents, please inform your parents to add my WeChat.

The defendant's daughter is a college student who is studying. Although not the parties, it is impossible to understand the situation of her parents. But the uncomfortable people wished that the defendant's daughter's phone number could be dialed every time, and no one answered every time. According to human nature, this daughter may be the only person and contact of her parents. Judge Zhang, who had not found the contact information of the Akin couple, had high hopes for her and repeatedly dialed her mobile phone.

Judge Zhang thought: Maybe, during this time, she was the sufferless person.

After adding Akin's WeChat, for three days, he did not respond no matter how he contacted him. The fourth day was Saturday.

One hour later, a Korean text replied on WeChat: 예

The call came out, no matter what this word meant, there was an echo.

Judge Zhang took the iron while hot, and sent him a WeChat: Hello, the other party also sued your wife. How do you contact your wife?

However, the other party has no echo ...

After working on Monday, Judge Zhang and A Jin initiated WeChat voice calls, but the connection failed. Judge Zhang also dialed the defendant's daughter's mobile phone again, but could still dial but no one had been answered. I thought that this college student might have annoyed my phone.

At noon, Akinfa got a WeChat: When will you be convenient to answer the phone?

Judge Zhang who received the news was shining, and immediately hit the voice call.

After 15 minutes of consecutive calls, the other party shouted from the mouth, and stressed that it was not a loan, but the two parties lost money to do business together. Judge Zhang wanted to intervene several times, and when he thought of hearing him, he heard him speak, and he heard that he had to perform a heart bridge surgery in South Korea in the past few days, and he didn't interrupt his words. Fortunately, he finally acknowledged the money owed to the other party. He agreed to give the other party 200,000 first, and the rest was slowly clear. He finally said that after he had done the operation in the past few days, he immediately returned to his country to respond. After listening to his talk, Judge Zhang told him two things. One was to tell him to do surgery at ease and recover soon. The second is to tell him that he has seized his house and let him face reality and strive for initiative. After the call, Akin sent WeChat again: Judge Zhang, waiting for me to finish the operation. My ticket has not been booked, and it takes about 10 days to isolate. There is a lot of gains this time!

At noon on Wednesday, the plaintiff Azhe suddenly called and said that Akin had given money and was going to withdraw. Of course, it is good to withdraw the lawsuit.

Judge Zhang thought that Akin first gave some money and reached a reconciliation agreement with Azhe. Unexpectedly, Akin commissioned all his domestic brother abroad to pay off the arrears. When Azhe saw a 285,000 yuan bank transfer voucher, he was a little stunned. This is not 285 yuan, not 2850 yuan, it is 285,000 yuan for white paper.

Such a large amount, let alone automatically perform, is forced execution, it is also considerable. Judge Zhang has been engaged in the execution work for many years, and has also been the deputy director of the court's executive bureau. For so many years, in addition to evaluating the auction cases, the cases handled separately. And that's once, it was handcuffed out of handcuffs. And this time, before the trial, between his fingers, he persuaded the defendant to perform 285,000 yuan automatically.

The soldiers who do not fight, and the good are good. Fortunately, fortunately!

Judge Zhang suddenly had an inexplicable movement, cordially calling the defendant's name, and sincerely sent him a WeChat: Hello Akin, the case has ended, and your house seizes has been lifted. Akin is good! Thank you for your respect for the law and your cooperation with judges. I wish Akin a successful surgery abroad and recover soon!

The other party quickly returned to Judge Zhang: Judge Zhang, worked hard, thank you!

Subsequently, Judge Zhang hurriedly issued a civic ruling of property preservation and a civil ruling of the withdrawal of the withdrawal of the lawsuit to his WeChat.

The photos of the ruling book are regularly taken, and the bright red court official seal is positive.

After the defendant was fulfilled, the defendant's daughter, who had been obscure, returned a text message from Judge Zhang: Hello, just call this call 1510433xxxx.

Judge Zhang thought that the phone number was one of her parents. I did not expect that it was the defendant's brother who answered the phone. Judge Zhang seriously explained to him the case of the case and sincerely expressed his respect.

Judging from the defendant's daughter's text message, she sent a text message to Judge Zhang as soon as the defendant's brother finished the bank transfer procedure. There is no doubt that the defendant's daughter has gone through the entire process of the case.

The most common explanation of the butterfly effect is that the butterfly in the tropical rain forest in the Amazon River Basin in South America occasionally fanned a few wings, which can cause a tornado in Texas in the United States two weeks later.

Judge Zhang guessed: Maybe the defendant's daughter is the beautiful butterfly.

Regardless of whether it is, Judge Zhang responded to the defendant's daughter a text message: Hello, these days have disturbed you. Your family's case has ended successfully, and you can study and live with confidence. Thank you for your respect for the law and your cooperation with judges. I wish you a successful study and a happy life!

After sending the text message, Judge Zhang also showed a smile on his face!

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