Heilongjiang entrepreneurs report court omission: the case won ten years without execution

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 Heilongjiang entrepreneurs report court omission: the case won ten years without execution


In 2008, Wang Jianhuain, an entrepreneur in Heilongjiang Province, confronted other companies in payment disputes. The next year, the court decided that the other party should repay Wang Jianhuas 860,000 purchase money and related liquidated damages. However, the old case ten years ago has not yet been implemented.

This case is only the first of 16 successful cases in Wang Jianhuas 10 years. However, none of the 16 cases have been executed so far.

Recently, Wang Jianhua, the former head of Harbin Shunlong Metal Material Co., Ltd. (hereinafter referred to as Shunlong Metal), published a series of real-name reports on Wechat Public, saying that the peoples court of Daoli District of Harbin had failed to act and that the enterprises under his name were unable to survive because of the breakage of the capital chain, and all the real estate and automobiles were used to pay off debts.

On April 9, upstream journalists contacted Judge Pan, who handled Wang Jianhuas related cases. He said that he had been transferred, the relevant files had been handed in and other information was not clear.

Ten years ago, the civil judgment of the Peoples Court of Daoli District, Harbin City. Photographer/upstream journalist Shen Du

Ten yearsfailure to execute the case

Heilongjiang entrepreneur Wang Jianhua was formerly a legal person of Harbin Shunlong Metal Material Co., Ltd. (later renamed Harbin Weixing Metal Material Co., Ltd.). The companys business content is to provide steel for building and construction sites under construction.

According to Wang Jianhuas Civil Judgment No. 515 (2008), the Daoli District Peoples Court of Harbin determined that Shunlong Metal and Northeast Branch had signed a sales contract for the construction project of Wuchang Development Company. The project manager of the project purchased steel with a total value of 860,000 yuan from Shunlong Metal three times, and sent the steel to the Fifth Five-Year Plan. The construction site of Guidu Building in Changshi City has been put into use.

On February 1, 2009, the court decided that Northeast Branch should pay 860,000 yuan for Shunlong metal goods and 76,032.6 yuan for overdue payment of liquidated damages within 10 days after the judgment came into effect.

But such a clear and successful case has not been executed for ten years. Wang Jianhua told reporters that the cases perpetrators had said that both defendants had been on the list of those who had broken their promise and that one of them had his property seized. Strangely, in early 2019, Wang Jianhua went to the Daoli District Court again to ask for the execution of the judgment. The answer was that the property had been unsealed and the defendants state of dishonesty had been lifted.

Until 2018, the case handler was replaced by Judge Pan of the Peoples Court of Daoli District. Judge Pan told Wang Jianhua that the previous procedures were incomplete and needed to go to the Harbin Intermediate Peoples Court to pay a notice fee before the implementation could take effect. In 2019, Judge Pan contacted Wang Jianhua again, informing him that the two defendants had broken their faith, but did not specify how to deal with the follow-up.

Other Warrants of Housing issued by Jiamusi Suburb Property Rights Management Office. Photographer/upstream journalist Shen Du

The application for preservation of mortgaged property was sealed up and auctioned by the court

Wang Jianhua also said that in addition to the aforementioned cases, there are many cases handled so that he is unacceptable. In 2014, Wang Jianhua and Jiamusi Dongchen Real Estate Development Co., Ltd. reached an agreement to supply more than 2,700 tons of steel, valued at 11 million yuan, to the Lianjiang One Real Estate Project developed by the latter. The following year, Wang Jianhua found that Dongchens capital chain was broken, and he repeatedly found the company urging for steel.

In 2016, Injiamusi Dongchen Real Estate failed to pay steel bills on schedule and paid for 157 apartments. Meanwhile, Wang Jianhua went to the Daoli District Court to protect these properties.

According to four civil judgments of (2017) Hei0102, 270, (2017) Hei0102, 271, 5858 and (2017) Hei0102, 5859, Dongchen Real Estate owed Weixing Metal (originally Shunlong Metal) steel goods and loans from 2013 to 2015. The judgment results show that the repayment amounts are 15571.19 million yuan, 530.87.77 million yuan and 265 million yuan, respectively. Ten thousand yuan, 46.133.73 million yuan, as well as related cases acceptance fees, announcement fees, insurance fees and other expenses, the total amount has exceeded 14 million yuan.

Wang Jianhua said that after consultation, Dongchen Real Estate agreed to take out 157 apartments to cover the bill, of which 144 have been registered. Jiamusi suburban real estate property rights management office issued Housing Other Warrant shows that the other owner of the house is Wang Jianhua, the owner of the house is Jiamusi Dongchen Real Estate Development Co., Ltd., the right type is mortgage, and the address of the house is the real estate project that Wang Jianhua provides steel.

In 2018, Wang Jianhua discovered that the houses had been auctioned. Wang Jianhua came to the Daoli District Court to react. After investigation, the court told Wang Jianhua that it was difficult to execute the case because it was not clear about the source of the house.

List of collateral for Lianjiang No. 1 building. Photographer/upstream journalist Shen Du

Two Directors of the Property Rights Administration Department were sentenced for abuse of power

Upstream journalists noted that the Peoples Court of Jiamusi suburbs did auction the Lianjiang No. 1 real estate several times, respectively, in December 2017, January 2018 and September 2018. In addition, in December 2018, part of the real estate project is still being auctioned. According to the Notice on No. 3 Commercial Suit (No. 4 from South to North) (First Auction) of Lianjiang No. 1 Building in Lianjiangkou Town, Jiamusi Suburb, the asset disposal unit is also the Peoples Court of Jiamusi Suburb.

According to public data, in December 2018, Zhang Mou, director of Lianjiangkou Property Rights Management Office, suburban Jiamusi City, Heilongjiang Province, and Yu Mou, deputy director, sentenced Zhang Mou to one years imprisonment and one years probation for abuse of power, and sentenced him to a crime constituting abuse of power, but exempted from criminal punishment.

Relevant documents show that in 2014, Shunlong Metal supplied more than 2700 tons of steel for the Lianjiang One of Dongchen Real Estate Development, but the developers capital chain broke down and was unable to pay for it. It took out 157 roof accounts, of which 144 were issued other warrants in Jiamusi Suburban Property Rights Management Office. In April 2018, the company found that more than 60 sets of top-debt housing had been sealed up and auctioned by Jiamusi suburban court, and three sets had been given to returning households.

The court found that from October 2013 to 2014, when Zhang Mou and Yu Mou had no right to deal with other certificates of ownership of state-owned land houses, and knew that Dongchen Real Estate Company had no certificate of ownership of houses and the application procedures were incomplete, they used other certificates of ownership of houses which had been abolished by the state to handle 18 copies of the Lianjiang One project in handwritten form prohibited by the state. Other warrants of 0 houses resulted in disputes over property rights, resulting in adverse social impact. The court then rendered the above judgment on the crime of abuse of power.

The property that had been paid to Wang Jianhua was auctioned by the court. Photographer/upstream journalist Shen Du

None of the 16 cases have been executed in the past ten years.

Wang Jianhua told reporters that not only the two cases mentioned above, but also none of his 16 cases in Harbin Daoli District Court in the past ten years have been executed.

According to the list and judgment documents provided by Wang Jianhua, there are 16 cases from 2008 to 2018, the total amount is about 50 million, and the interest is about 10 million.

Wang Jianhua said that due to the delay in the implementation of arrears, resulting in the failure of the enterprise capital chain to continue, and is now in a state of suspension.

Originally thought that after winning the lawsuit, the arrears could be recovered, but it was unexpected that the courts decision was delayed. Wang Jianhua said that he applied to the court numerous times for execution and once fell into deep despair. The wealth that I have accumulated over the years has turned into the wealth of those who owe debts on the contrary.

Upstream journalists contacted the relevant case handlers of the Daoli District Peoples Court to verify Wang Jianhuas report. Judge Pan of the Daoli District Court said that Wang Jianhuas case was handled by three people, not just one. He has been transferred, the files have been submitted, and other information is not clear.

Over the past ten years, Wang Jianhuas judgment under accumulation. Photographer/upstream journalist Shen Du

Lawyer said: The problem is serious, the relevant departments should intervene in the investigation.

Zhang Xinnian, a lawyer from Beijing Jingshi Law Firm, said in an interview with upstream journalists that the execution of the case was in serious disorder.

Lawyer Zhang Xinnian pointed out that the peoples court of Daoli District in this case was also suspected of violating the rules and releasing the seal. According to Article 31 of the Provisions of the Supreme Peoples Court on Sealing up, Seizure and Freezing of Property in the Civil Enforcement of the Peoples Court, the peoples court can release the relevant property only when the debt has been liquidated or the executee has provided a guarantee and the executor has applied for the executor to withdraw the application, and the relevant property shall be served on the executor in the form of a ruling. On the contrary, the Peoples Court of Daoli District not only failed to auction and sell the property seized in the course of execution, but quietly unloaded the property involved in execution without legal reasons and without informing Wang Jianhua in a few years. At the same time, it also violated Article 10 of the Supreme Peoples Courts Regulations Regulations on Publishing Information on the List of Persons Who Lost Credit Executed. The provision deletes the information of dishonesty of the corresponding executee. The relevant personnel involved in handling cases shall be dealt with in accordance with Article 37 of the Regulations on the Disposal of Staff Members of the Peoples Court. If the circumstances are serious, they shall be dismissed. If they are suspected of interest conveyance or malfeasance, they shall be transferred to relevant supervisory commissions and disciplinary commissions for investigation.

In response to Wang Jianhuas reference to property preservation in litigation, lawyer Zhang Xinnian said that even if the property being preserved is suspected of having unclear ownership, it should follow the corresponding disagreement procedure in accordance with the Civil Procedure Law and the Provisions of the Supreme Peoples Court on Several Questions Concerning Property Preservation Cases Handled by the Peoples Court. The court should decide whether to cancel property preservation and notify Wang Jianhua. It is impossible for other courts to conduct auctions when the property involved has been sealed up or frozen. At the same time, although the staff involved in the false registration have assumed corresponding criminal responsibility for the crime of abuse of power, according to the Property Law, Housing Registration Measures and the case of the Supreme Peoples Courts Bulletin No. 6 (2002), the Lianjiangkou Real Estate Property Rights Administration Office in the suburb of Jiamusi City, Heilongjiang Province, as the real estate registration organ, Wang Jianhua was responsible for the faults. If it is unable to exercise its rights to the corresponding houses, it should also bear the corresponding administrative liability for compensation. Wang Jianhua can claim his rights and apply for compensation to mitigate losses.

Lawyer Zhang Xinnian said that due to the long time interval in the case, Wang Jianhua had exceeded the legal time limit for objecting to the enforcement act, but Wang Jianhua could still be sent to the reasonable districts at the same level in accordance with the Rules for Supervision of Civil Procedure of the Peoples Procuratorate and the Regulations on Legal Supervision of Civil Enforcement Activities issued jointly by the Supreme Peoples Court and the Supreme Peoples Procuratorate. The Peoples Procuratorate or the Peoples Procuratorate at a higher level shall submit an application for supervision, and the relevant procuratorial departments shall examine and conclude the application within three months and make a decision.

At the same time, lawyer Zhang Xinnian believes that in the implementation, there are many problems, such as neglecting minor cases, suspecting interest transmission in major cases, and collusion between public and private. Under the background of the national policy and the two high-level regulations, the relevant departments should intervene to investigate and verify the relevant issues. If there are suspected violations of laws and regulations, the relevant personnel should be investigated for Party discipline, government discipline and criminal responsibility according to law.

Source: Upstream News Author: Liable Editor of Shen Du: Xiao Qi_NN6799