Zhao Suying v. Chen Jianming
( Case of Chen Jianming's Refusing to Execute the Judgment of the People's Court)@#
BASIC FACTS@#
Defendant: Chen Jianming, male, 29 years old, resident of Jinhua City, Zhejiang Province, jobless, was arrested on August 9th, 1993.@#
The case of Chen Jianming's refusing to ute the judgment of the people's court was accepted by the People's Court of Gongshu District, Hangzhou City, Zhejiang Province according to law. Upon public hearing, this court verified that:@#
With regard to the dispute over obligation between Chen Jianming and Zhao Suying, a mediation agreement was reached by both parties of their own accord as presided by Gongshu District People's Court. It was stipulated in the agreement that Chen Jianming shall pay a total amount of 60,400 yuan of principal and interests to Zhao Suying on a monthly basis from October 1989 to November 1992. After the agreement became effective, Chen Jianming only made payments in the first two months, totaling 2000 yuan, and he refused to make any more payment thereafter. So Zhao Suying applied to Gongsu District People's Court for coercive enforcement in January 1990. The court adopted such mandatory measures as transferring from his bank account the money obtained from the operation of his sauced meat shop and closing down his shop, etc., which forced him to make several payments totaling 12,630 yuan. After that, although Chen Jianming continued operating the sauced meat shop and had the ability of repaying the debt and the court indoctrinated him and sent notices to him on many occasions, yet he still refused to repay the debt as scheduled. In April 1991, Gongshu District People's Court summoned Chen Jianming to court, but he lied that he would repay some money in the following days. However, three days later, Chen Jinming unexpectedly closed the shop and fled to somewhere else with his wife, child and mother. After his flee, he opened a roast poultry shop at Sanming City of Fujian Province and Jinhua City of Zhejiang Province successively. He was arrested on July 30th, 1993 when he returned to Hangzhou. After he was arrested, Zhao Suying and Chen Jianming reached a reconciliation agreement of execution, which stipulated that Chen Jianming shall repay 30,000 yuan once and for all, and Zhao Suying gives up her creditor's right over the rest amount. With the help from his family, Chen Jianming paid Zhao Suying 20,000 yuan and USD 1000.@#
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陈建明拒不执行人民法院判决案@#
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被告人：陈建明，男，２９岁，浙江省金华市人，无业。１９９３年８月９日被逮捕。@#
陈建明拒不执行人民法院判决一案，由浙江省杭州市拱墅区人民法院依法予以受理，该院经公开审理查明：@#
被告人陈建明与赵素英因债务纠纷，于１９８９年１０月在杭州市拱墅区人民法院主持下，双方自愿达成调解协议：从１９８９年１０月起至１９９２年１１月止，陈建明分月支付赵素英本息共６０４００元。调解协议发生法律效力之后，陈建明仅在前两个月支付了２０００元，以后就不再履行。为此，赵素英于１９９０年１月向拱墅区人民法院申请强制执行。法院采取划拨陈建明所开的卤味店银行帐内存款、查封店面等强制措施，迫使其分批偿还了１２６３０元。在此后的执行过程中，陈建明仍在经营卤味店，具有偿还债务的能力，却无视法院的多次教育和通知，不按期偿还欠款。１９９１年４月，拱墅区人民法院传唤陈建明到庭，陈建明谎称近日内即支付部分欠款。然而三日之后，陈建明竟关闭店面，带妻儿、母亲举家携款外逃。其间，陈建明先后在福建省三明市和浙江省金华市开烤禽店。直至１９９３年７月３０日，陈建明潜回杭州时被依法逮捕。陈建明被捕后，赵素英与陈建明达成执行和解协议，由陈建明一次性偿还人民币３万元，其余债权，赵素英自动放弃。陈建明在其家属帮助下交付给赵素英人民币２万元，美元１０００元。@#
上述事实，有已经发生法律效力的［１９８９］杭拱法民字第２５８号民事调解书，赵素英的申请执行书，拱墅区人民法院执行通知书，执行人员多次做教育工作的笔录及证人王惠英、李显润、邓衍均的证言等证据证实；被告人陈建明对拒不执行的事实也供认不讳，足以认定。@#
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