I do practical things for the masses ｜ Give the green light for life

To protect the legitimate rights and interests of the injured of the traffic accident

Get timely and effective protection

Zhouzhi County Court actively responded to the judicial needs of the masses

Carefully study the case

Effective implementation ruling first

Putting "I do a practical thing for the masses" to practice

Execute first

The first execution refers to the urgent need of the people's court before the end of the judgment, in order to solve the life or production and operation of the parties, and according to the application of the parties, the respondent determined that the respondent fulfilled a certain amount of money or property in advance.

The implementation system first focuses on meeting the urgent needs of the applicant. It has two important functions: the timely protection and effective protection of the applicant's legitimate rights and interests.

Details of the case

In January 2021, the Qinling Court of the Zhouzhi County People's Court accepted a dispute over a motor vehicle traffic accident liability.

The plaintiff Li was still treated in the intensive care unit until the trial. His daughter Li Li (a pseudonym) showed the court to his father's medical bill, which had spent nearly 580,000 yuan. In order to raise high medical expenses, she and her mother borrowed their relatives and friends ... A daughter, her mother was still taking care of her father in the hospital. Li Li was sitting in the court and immersed in the huge distress of how to solve the next medical expenses. The heavy responsibility of the whole family suddenly pressed the weak and still on the shoulder of the university ...

The judge Pang Miao saw Li Li's difficulties. After the organization opened the court, he shouted Li Li, and at the same time left the agent of the defendant's insurance company. "The responsibility of the accident is very clear. The defendant Yang is responsible for full responsibility. Now the plaintiff is still in the intensive care unit. If the period of appraisal and trial is long, the plaintiff cannot wait, can the insurance company pay a part of the medical expenses first?" Judge Pang Miao decided to help Li get a part of life -saving money. Li Li stood aside, listening to the judge who said he wanted to say and couldn't say exports, and the pressure of borrowing money and asking for money in the past few days, always in her heart, Li Li's eyes became red instantly ...

The defendant's insurance company recognized the results of the liability of the accident and also expressed his willingness to help Li. However, because the company did not have such a precedent for payment in the past, the payment of a large amount of payment in advance requires a corresponding payment procedure for approval. The procedures are very complicated and shelved.

The case cannot be judged in advance, and the compensation must be obtained as soon as possible. Judge Pang Miao keeps communicating between the original and the defendant, and strives to find out a plan that can allow insurance companies to be paid in advance and allow the plaintiff to timely timely in time. Get the life -saving money so that both parties are satisfied. After many consultations and comprehensive determination of the injury, the original and defendants agreed to adopt the plan that were enforced first. Judge Pang Miao immediately drafted the execution of the ruling, and the insurance company first paid the plaintiff for the plaintiff for 400,000 yuan for treatment. And tell the insurance company to pay as soon as possible.

A few days later, Li Li, who got 400,000 yuan in compensation, immediately called and thanked the judge. "Thank you so much! Judge Pang, we can't keep up. Our family! Thank you so much! "Listening to Li Li's crisp and firm voice, Judge Pang was also pleased with the Li Li family.

Recently, the Qinling Court sentenced the case to the defendant Yang and the defendant insurance company to compensate the plaintiff Li a total of more than 1.8 million yuan within their respective responsibility.

Apply to the situation to be executed first

Article 106 of the Civil Procedure Law of the People's Republic of China stipulates:

(1) Pursuing maintenance, maintenance costs, care fees, pensions, medical expenses;

(2) Pursuing labor remuneration;

(3) It is necessary to execute first due to the situation.

Pay attention to implementation first

1

It should meet two specific conditions:

Article 107 of the Civil Procedure Law of the People's Republic of China stipulates:

The people's court ruled that the following conditions should be implemented, and the following conditions shall meet:

(1) The relationship between the rights and obligations between the parties is clear, and it will seriously affect the applicant's life or production and operation;

(2) The respondent has the ability to perform.

2

There is a corresponding risk:

The people's court may order the applicant to provide a guarantee. If the applicant does not provide a guarantee, the application will be rejected. If the applicant loses the lawsuit, the respondent shall compensate the respondent for the property loss of the property first.

Source: Xi'an Intermediate Court

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