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No. 3 of Five Model Cases regarding Cracking down on Refusal to Satisfy Judgments involving People's Livelihood Published by the Supreme People's Court: Case regarding Xu Junyan's Illegal Disposal of the sealed-up, Seized, or Frozen Property
最高人民法院公布五起打击拒不执行涉民生案件典型案例之三:许军燕非法处置查封、扣押、冻结财产案
【法宝引证码】

No. 3 of Five Model Cases regarding Cracking down on Refusal to Satisfy Judgments involving People's Livelihood Published by the Supreme People's Court: Case regarding Xu Junyan's Illegal Disposal of the sealed-up, Seized, or Frozen Property
最高人民法院公布五起打击拒不执行涉民生案件典型案例之三:许军燕非法处置查封、扣押、冻结财产案
No. 3 of Five Model Cases regarding Cracking down on Refusal to Satisfy Judgments involving People's Livelihood Published by the Supreme People's Court: Case regarding Xu Junyan's Illegal Disposal of the sealed-up, Seized, or Frozen Property 最高人民法院公布五起打击拒不执行涉民生案件典型案例之三:许军燕非法处置查封、扣押、冻结财产案
--The person subject to enforcement was capable of satisfying the judgment, but he transferred his property for evading the enforcement. He was transferred to the public security authority to be subject to criminal liability for being suspected of committing the crime of illegally disposing of the sealed-up, seized, or frozen property ——被执行人有履行能力,却转移财产逃避执行,被以涉嫌构成非法处置查封、扣押、冻结财产罪移送追究刑事责任
Enforcement Court: People's Court of Nanhu District, Jiaxing City, Zhejiang Province 执行法院:浙江省嘉兴市南湖区人民法院
Cause of Action for Enforcement: Compensation for personal injury in a traffic accident 执行案由:交通事故人身损害赔偿
Enforcement Applicant: Xu Shoulong 申请执行人:徐守龙
Person Subject to Enforcement: Gao Xuezhen 被执行人:高雪珍
[Case Summary] 【案情摘要】
On March 5, 2006, by driving a two-wheeled motorcycle, Gao Xuezhen collided with Xu Shoulong, causing Xu Shoulong's injury. It was determined by the traffic police department that Gao Xuezhen was solely liable for the accident and it was identified that the injury of Xu Shoulong constituted a level-8 disability. Xu Shoulong filed a lawsuit against Gao Xuezhen in the People's Court of Nanhu District, Jiaxing City, Zhejiang Province and required Gao Xuezhen to pay him 107,026.45 yuan. Upon mediation by the People's Court of Nanhu District, Jiaxing City, on May 18, 2007, both parties reached a civil mediation agreement (No. 380 [2007], Civil DivisionI, Nanhu) and determined that defendant, Gao Xuezhen, should pay plaintiff, Xu Shoulong, medical charges, hospital food allowance, nursing expenses, charges for loss of working hours, travelling expenses, disability allowance, identification fees, and mental distress compensation, 83,800 yuan in total, and such charges should be paid off before the end of December 2007. After the civil mediation agreement came into force, Gao Xuezhen failed to satisfy it and on August 6, 2007, Xu Shoulong filed an application for enforcement. 2006年3月5日,高雪珍驾驶二轮摩托车与徐守龙发生碰撞,造成徐守龙受伤。经交警部门认定,高雪珍负事故全部责任,经鉴定徐守龙伤势构成八级伤残。徐守龙将高雪珍诉至浙江省嘉兴市南湖区人民法院,要求支付赔偿款107026.45元。经嘉兴市南湖区人民法院调解,双方当事人于2007年5月18日达成(2007)南民一初字第380号民事调解书,确定被告高雪珍赔偿原告徐守龙医药费、住院伙食补助费、护理费、误工费、交通费、伤残补助金、鉴定费、精神损害抚慰金等损失合计83800元,并定于2007年12月底前分三次付清。该民事调解书生效后,高雪珍并未如约履行,徐守龙遂于2007年8月6日申请强制执行。
In the process of enforcement of this case, the People's Court of Nanhu District, Jiaxing City found that the person subject to enforcement, Gao Xuezhen, had no property available for enforcement. Therefore, on November 2, 2007, it concluded the enforcement procedure. At the end of 2012, with the development of activities of “transformation of old residential areas, old factories, and urban villages and demolition of illegal buildings” in Nanhu District, Jiaxing City, the enforcement applicant found that all piggeries owned by the household of Gao Xuezhen were included in the scope of demolition and her household should have been compensated. Therefore, the enforcement applicant filed an application for resuming the enforcement with the court. It was found upon investigation by the People's Court of Nanhu District, Jiaxing City that in May 2013, the household of Gao Xuezhen reached an agreement on corresponding compensation for the demolition of piggeries with the People's Government of Xinfeng Township, Nanhu District, Jiaxing City and the relevant agreement on the demolition of piggeries was signed by Xu Junyan (son of Gao Xuezhen) in the name of the household with the demolition entity. On July 19, 2013, the People's Court of Nanhu District, Jiaxing City served a written notice on assistance in enforcement upon the compensation entity, the Villagers' Committee of Zhulin Village, Xinfeng Township, and requested the Villagers' Committee to assist in freezing the compensation funds of 155,492.18 yuan (including the interest of the debts during the period of deferred performance). Afterwards, on December 4, 2013, Xu Junyan transferred the compensation fund of 226,170 yuan to the account of Zhang Liwei (son-in-law of Gao Xuezhen) by reporting the loss of the deposit receipt of Agricultural Bank of China (“ABC”) of such compensation fund at Xinfeng Branch of ABC. Therefore, the People's Court of Nanhu District, Jiaxing City transferred Xu Junyan to the public security authority for investigation for his being suspected of committing the crime of illegally disposing of the sealed-up, seized, or frozen property. In the process of investigation by the public security authority, on January 20, 2015, the person subject to enforcement, Gao Xuezhen, submitted all compensation funds and the interest of the debts during the period of deferred performance, 82,118.22 yuan in total, to the enforcement court. The procedure for investigating the criminal liability of Xu Junyan was under way by the relevant authority. 该案执行过程中,嘉兴市南湖区人民法院未发现被执行人高雪珍有可供执行财产,遂于2007年11月2日终结本次执行程序。2012年底,随着嘉兴市南湖区“三改一拆”活动展开,申请执行人发现被执行人高雪珍家庭所有的猪舍列入拆迁范围,应当有相应的款项予以补偿,于是向法院申请恢复执行。嘉兴市南湖区人民法院经查,2013年5月,高雪珍家与嘉兴市南湖区新丰镇人民政府就猪棚拆除有相关补偿,且相关猪舍拆迁协议系该家庭以许军燕(高雪珍之子)名义与拆迁单位签订。2013年7月19日,嘉兴市南湖区人民法院对补偿单位新丰镇竹林村村委会送达协助执行通知书,要求协助冻结补偿款项共计155492.18元(含迟延履行期间的债务利息)。其后,许军燕于2013年12月4日通过在中国农业银行新丰支行挂失补偿款的农行存单,转移该笔补偿款人民币226170元至张理伟(高雪珍之女婿)账户。嘉兴市南湖区人民法院遂以许军燕涉嫌构成非法处置查封、扣押、冻结财产罪移送公安机关侦查。在公安机关侦查过程中,被执行人高雪珍于2015年1月20日将全部赔偿款及迟延履行期间的债务利息82118.22元交至执行法院。有关机关对许军燕的刑事追责程序正在进行中。
[Significance] 【典型意义】
The acts of Xu Junyan, son of the person subject to enforcement, of illegally disposing of the sealed-up. seized, or frozen property have been suspected of constituting a crime. After the public security authority initiated the procedure for investigating the criminal liability, the person subject to enforcement voluntarily fulfilled his obligation of satisfying the judgment, which thereby contributed to the enforcement and conclusion of the case and safeguarded the lawful rights of the victim in the traffic accident. Under the current background where there are increasing phenomena where the person subject to enforcement resists or evades the enforcement and the problems of “difficulty in enforcement” are prominent, the people's court has legally initiated the procedure for investigating criminal liability, which surely plays important guiding roles in legally implementing the relationship between rights and obligations as determined in a judgment or ruling, maintaining the judicial order, strengthening the judicial authority, and improving the judicial credibility. 被执行人之子许军燕非法处置查封、扣押、冻结财产的行为已经涉嫌构成犯罪。正是在公安机关启动刑事追责程序之后,被执行人主动履行了执行义务,从而促成了本案的执结,维护了交通肇事受害人的合法权利。在当前被执行人抗拒、逃避执行现象多发,“执行难”问题突出的背景下,人民法院依法启动刑事追责程序,对于依法实现判决、裁定确定的权利义务关系,维护司法秩序、增强司法权威,提高司法公信力,无疑具有重要的导向作用。
     
     
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