930,000 compensation for 5 years only gave 110,000, "La Lai Nailing House" also sued the victim to infringe the right to reputation.

Jimu Journalist Liu Yi Liu Yerui

In October 2015, Zhao Moubin, a citizen of Tangshan City, Hebei Province, was knocked down by a car drove by Huang Shufen.

Tangshan City Traffic Police determined that in this accident, Huang Shufen was responsible and Zhao Moubin was responsible for the second time. The court ruled that Huang Shufen had to compensate 930,000 yuan.

However, Huang Shufen did not perform relevant compensation on schedule. In the following 5 years, Zhao Moubin's son Zhao Yong began a lawsuit.

Huang Shufen has sued Zhao Yong many times

"La Lai Nail House"

On October 6, 2015, Huang Shufen, who had just took a driver's license for two months, drove her daughter's sedan to travel. She knocked on Zhao Moubin, who was riding a bicycle through the road in Tangfeng Road, Tangshan City. damage. Tangshan City Traffic Police determined that in this accident, Huang Shufen was responsible and Zhao Moubin was responsible for the second time.

On June 8, 2017, the People's Court of Fengrun District, Tangshan City made a judgment on Zhao Moubin's car accident. Yuan. Except for Huang Shufen's compensation, she still needs to compensate about 860,000 yuan.

However, after the case was sentenced, Huang Shufen did not appeal and did not perform compensation on schedule. On August 19, 2017, Zhao Yong applied to the court for enforcement.

At the same time, Zhao Yong also posted "I have a low income, I have to repay the loan", "I don't need to pay it back at the least money", "I don't need to pay it back." The compensation for the traffic accident attracted attention.

On December 1, 2017, Zhao Yong's father died. On the same day, the Tangshan Intermediate People's Court released the progress of the case implementation of the case, saying that after investigation, no real estate, vehicle registration information and deposits were found in Huang Shufen's name. In view of the fact that Huang Shufen did not apply for property as required and refused to fulfill the effective judgment, the court included it into the list of dishonestyes and restricted high consumption.

In the same year, Huang Shufen was criminally detained by Tangshan police on December 9, 2017 for suspected traffic accidents. On December 22, Huang Shufen was arrested with approval by the Procuratorate of Fengrun District, Tangshan City.

Since then, Huang Shufen was sentenced to 8 months in prison.

But the case did not end in prison for Huang Shufen. In order to get the remaining compensation, Zhao Yong began his own way to defend his rights.

In 2018, Zhao Yong and the acting lawyer systematically analyzed the evidence of Huang Shufen's bank flow. Combined with the enforcement ruling issued by the People's Court of Fengrun District, Tangshan City, they believe that the property in Huang Shufen's daughter should be shared by Huang Shufen and her daughter.

Subsequently, Zhao Yong submitted an indictment to the People's Court of the South District of Tangshan City to ask the court to determine that Huang Shufen had 70%of the ownership of the real estate under his daughter's name. The indictment states that from January 1, 2016 to November 15, 2017, Huang Shufen will transfer money to her daughter almost every month or a few days before the monthly mortgage repayment date.

However, Zhao Yong defeated the case in the first instance. The court stated in the judgment that the signing of the house purchase contract and the registration of the real estate forecast were conducted in the name of Huang Shufen's daughter. According to the legal principles of property rights, Zhao Yong's claim was unreasonable. Then Zhao Yong appealed, and the second instance of the Tangshan Intermediate People's Court maintained the original sentence. At the trial site, Huang Shufen qualitatively changed the nature of the daughter's transfer from January 2016 to the end of 2017.

The judgment shows that Huang Shufen should compensate about 860,000 yuan

The road of litigation on both sides

After discussing Zhao Yong and the acting lawyer, he decided to sue again, asking Huang Shufen to withdraw the gift transfer to his daughter.

Earlier, in an interview with the media, his acting lawyer Yue Yishan stated that "these gifts occurred after the accident and the court's decision, and we believed that there was suspicion of avoiding the court's execution and transfer of property."

On January 9, 2019, Zhao Yong went to the People's Court of Lunan District, Tangshan City to submit a complaint. On July 27, 2021, Zhao Yong received a notice of filing. On July 22 this year, 1290 days after submitting the complaint was submitted, the case was officially opened for trial. Zhao Yong told Jimu Journalists that this time he advocated that Huang Shufen should cancel about 620,000 yuan to his daughter's gift transfer.

At the same time, Zhao Yong revealed that from entering the enforcement stage in 2017 to June 29 this year, the Court Executive Bureau issued the execution funds from Huang Shufen from Huang Shufen.

"Huang Shufen has paid 2100 yuan in compensation this year." Zhao Yong said that he suspected that Huang Shufen was paid multiple times to avoid being held accountable, but he did not rule out that Huang Shufen's move was a "conscience discovery".

While Zhao Yong pursued compensation, Huang Shufen also hoped to prove his innocence through the law.

According to the referee, from 2017 to 2019, Huang Shufen filed a request for retrial, appeal, and reconsideration to the court 7 times. But the court rejected its request.

On June 11 this year, Huang Shufen also came to the court to sue Zhao Yong to violate her reputation. "My first reaction was surprised." Zhao Yong told Jimu Journalists that he respected Huang Shufen's right to litter, but he was not afraid.

On the 12th, Jimu Journalists tried to contact Huang Shufen many times, but as of press time, they still did not get in touch.

Lawyer: Multiple systems and methods to ensure strong persistence

In response to Huang Shufen's full performance of the court's judgment, some netizens discussed, is there any other might be forced to enforce it?

In this regard, Lawyer Wu Zhengping, Hubei Shouyi Law Firm, said that there are indeed many systems and methods to ensure the implementation of mandatory implementation.

Wu Zhengping introduced that the "investigation order system" has been implemented in many places across the country to protect the rights and interests of the parties. What is the "Survey Order System"? The court's investigation order refers to the lawsuit that the parties cannot obtain the evidence that they need for objective reasons in civil lawsuits due to objective reasons.

"After the enforcement is enforced, the court will investigate and deal with the relevant assets of the person, but some assets will still be hidden." Wu Zhengping said that at this time, the party's lawyer can apply for an investigation order to the court to collect related clues.

In addition, the court uses a reward announcement to track the property clues of the executed person.

Jimu Journalists sorted out public information and found that in 2021, the Qingdao Intermediate People's Court of Shandong Province issued a reward notice. The notice stated that the executive person of the court court of Tianmou provided its valid property clues to the court to help the court execute in place. The notice shows that Tian Mouli did not perform the amount of 62,618,900 yuan, which means that the reporter could receive a maximum of 3.13 million yuan in bounty.

Wu Zhengping also said that the way of investigating property clues has gradually been used by courts at all levels in recent years, and the reward amount to the reporters has different rewards. At the same time, the executioner's transfer, hiding, and damage to the property may constitute a crime and may take 15 days of administrative detention measures by the court. In addition, the executed person who refuses to perform will be punished by restricting high consumption and credit recruitment records, but even so, a large number of executors still refuse to repay each year.

"Take our law firm as an example, each year, I encounter seven or eight such Lai Lai." Wu Zhengping said that some of the executors will gradually return the arrears, but some old Lai will ignore the punishment and continue to refuse to repay.

"When receiving this type of case, lawyers will also evaluate related cases. If it is a very difficult case to return money, there are generally few law firms." Wu Zhengping admitted.

At the same time, Wu Zhengping said that the court also had a relevant judicial relief system. "We have encountered it. A parties were arrested for serious injuries due to the accident. No one paid for him to pay compensation. The court issued judicial relief to the victim every year." Wu Zhengping said that judicial relief from 10,000 yuan to 5 Ten 10,000 yuan.

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