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No.3 of Four Model Cases Published by the Supreme People's Court: Case regarding Zhao Chunlian's Application for the Enforcement of a Case regarding a Motor Vehicle Traffic Accident Involving Zhang Yuhao
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最高人民法院发布四起典型案例(2015)之三：赵春连申请执行张宇昊机动车交通事故案
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No.3 of Four Model Cases Published by the Supreme People's Court: Case regarding Zhao Chunlian's Application for the Enforcement of a Case regarding a Motor Vehicle Traffic Accident Involving Zhang Yuhao
最高人民法院发布四起典型案例(2015)之三：赵春连申请执行张宇昊机动车交通事故案
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| No.3 of Four Model Cases Published by the Supreme People's Court: Case regarding Zhao Chunlian's Application for the Enforcement of a Case regarding a Motor Vehicle Traffic Accident Involving Zhang Yuhao | | 最高人民法院发布四起典型案例(2015)之三：赵春连申请执行张宇昊机动车交通事故案 |
| (1) Basic Facts | | （一）基本案情 |
| Around 21:41 on July 31, 2010, when Li Fusheng drove a tricycle (with the enforcement applicant, Zhao Chunlian, sitting in the back), a motor vehicle traffic accident occurred between them and the person subject to enforcement, Zhang Yuhao. The accident caused Zhao Chunlian's cerebral trauma and schizophrenia, which constituted a level-1 disability, and Zhao Chunlian lost the litigation capacity. Upon identification by the traffic administrative department, Zhang Yuhao was solely liable for the accident. In March 2011, Li Fusheng, husband of Zhao Chunlian, filed a lawsuit in the People's Court of Fengtai District, Beijing Municipality, on behalf of Zhao Chunlian. After a hearing of first instance, the People's Court of Fengtai District, Beijing Municipality rendered a judgment that Zhang Yuhao should pay Zhao Chunlian the medical expenses, the expenses for the losing of working hours, the disability compensation, and the hospital food allowance, over 1.29 million yuan in total. After the judgment was pronounced, Zhang Yuhao appealed to the No. 2 Intermediate People's Court of Beijing Municipality, which then issued a civil mediation paper. It was determined in the mediation paper that Zhang Yuhao should pay a total of 900,000 yuan to Zhao Chunlian by installments. Zhang Yuhao paid Zhao Chunlian 200,000 yuan on the day when the mediation paper was issued and afterwards, he failed to continue the payment of the residual compensation according to the mediation paper. Therefore, on July 23, 2012, on behalf of Zhao Chunlian, Li Fusheng filed an application for enforcement in the People's Court of Fengtai District, Beijing Municipality, which accepted the application according to the law. | | 2010年7月31日21时41分，李福胜驾驶三轮车（后乘申请人赵春连）与被执行人张宇昊发生机动车交通事故。事故造成赵春连脑外伤精神分裂，一级伤残，丧失诉讼能力，经交管部门鉴定，张宇昊负事故全部责任。2011年3月，赵春连之夫李福胜代其向北京市丰台区人民法院提起诉讼。北京市丰台区人民法院一审判决：张宇昊赔付赵春连医疗费、误工费、残疾赔偿金、住院伙食补助等共计129万余元。判决作出后，张宇昊向北京市第二中级人民法院提起上诉，北京市第二中级人民法院作出民事调解书，该调解书确定张宇昊分期给付赵春连各项赔偿款共计90万元。张宇昊于调解书作出当日给付赵春连20万元，其后对剩余赔偿款便不再按调解书继续给付。故李福胜代赵春连于2012年7月23日向北京市丰台区人民法院申请强制执行，该院依法受理。 |
In the course of enforcement, the Court issued a notice on enforcement in a timely manner and summoned the person subject to enforcement, Zhang Yuhao, for multiple times, but Zhang Yuhao refused to appear and covered up his tracks. The judges handling the case looked up for Zhang Yuhao at his domicile for multiple times, but failed to find his whereabouts. The records of the vehicle causing the accident in the name of Zhang Yuhao was sealed up, but the car could not be found. The balance of Zhang Yuhao's seven bank accounts was zero or only a dozen yuan and there was no real estate registration information under Zhang Yuhao's name. There was no actual progress of the case. The enforcement applicant, Zhao Chunlian, has lost capacity to work and could not take care of herself, and Zhang Yuhao's refusal to satisfy the judgment caused her whole family to live in dire straits. In order to safeguard the lawful rights and interests of the enforcement applicant, the Court made more efforts to search for clues to the property of Zhang Yuhao. The judges handling this case went to the insurance company and banks to inquire Zhang Yuhao's insurance proceeds and fund flows and found that after the mediation at second instance and before the application for enforcement, Zhang Yuhao received the commercial third-party liability insurance proceeds of 100,000 yuan paid by the insurance company, but he did not pay such money to the enforcement applicant. At the same time, they found that although there was no deposit in Zhang Yuhao's bank accounts, there were previously flow records of over 5,000 yuan each month. After ascertaining the aforesaid circumstances, the judges handling this case immediately contacted with Zhang Yuhao's father and demanded that Zhang Yuhao should perform the compensation obligation as soon as possible. Zhang Yuhao's father claimed that Zhang Yuhao was not in Beijing and was incapable of performing the compensation obligation, and Zhang Yuhao himself still refused to appear. In consideration of Zhang Yuhao's aforesaid acts of transferring property to evade enforcement, in accordance with the relevant provisions of the law, on October 18, 2014, the People's Court of Fengtai District, Beijing Municipality transferred the case to Fengtai Branch of the Beijing Municipal Public Security Bureau for investigation of Zhang Yuhao's suspected crime of refusing to satisfy a judgment or ruling.
．．．．．． | | 在执行过程中，法院及时发出执行通知并多次传唤被执行人张宇昊，张宇昊拒不露面、隐匿行踪，承办法官多次到被执行人住所地查找张宇昊，亦未发现其下落。张宇昊名下的肇事车辆被依法查封档案，但无法查找到该车，其名下七个银行账户余额为零或只有几十元钱，名下也无房产登记信息，案件未能取得实际进展。该案申请执行人赵春连丧失劳动能力且生活不能自理，被执行人拒不执行的行为致使申请执行人一家的生活陷入困境。为维护申请执行人的合法权益，法院加大了对被执行人张宇昊财产线索的查找力度，承办法官先后到保险公司、银行等机构查询张宇昊的保险理赔金支取情况和资金往来状况，发现张宇昊在二审调解后申请执行前将保险公司赔付的10万元商业第三者责任险保险理赔金领取但未支付给申请执行人。同时，发现其银行账户虽无存款但之前每月有5000余元的流水记录。查明上述情况后，承办法官立即与被执行人张宇昊的父亲取得联系，要求张宇昊尽快履行义务，张宇昊父亲声称张宇昊不在北京且其无能力履行，张宇昊本人则仍旧拒不露面。鉴于张宇昊转移财产、规避执行的上述行为，依据法律有关规定，2014年10月18日， 北京市丰台区人民法院以涉嫌犯拒不执行判决、裁定罪将案件移送北京市公安局丰台分局立案侦查。
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