Court News
01 On June 5, Han Deyang, Secretary of the Party Group and President of the Provincial Court, organized a Party Group (Expanded) meeting. The meeting studied and implemented the spirit of the Political Bureau of the CPC Central Committee, General Secretary Xi Jinping’s important speech at the 20th Academicians’ Meeting of the Chinese Academy of Sciences, the 15th Academicians’ Meeting of the Chinese Academy of Engineering, the 10th National Congress of the Chinese Association for Science and Technology, and the spirit of the important speech at the 30th collective study of the Political Bureau of the 19th CPC Central Committee. The meeting also studied and implemented the "Regulations on Political and Legal Work of the Communist Party of China" and studied and implemented the measures.
02 On June 8, Comrade Zhao Chuanling, member of the Party Leadership Group and Vice President of the Provincial Court, led all party members of the Party Branch of the department in charge to the Wuchang Conference Site of Weng'an County to carry out the theme party building practice activity of "Retraceing the Long March Road and embarking on a new journey". Chen Yongxing, Director of the Executive Bureau, Li Dan, Second-level Inspector, Li Rong, Second-level Senior Judge, and Deputy Director of the Executive Bureau, participated in the theme party building practice activity.
03 On June 10, Deng Delu, member of the Party Leadership Group and Vice President of the Provincial Court, went to the Southwest Intermediate People's Court to supervise the education and rectification work of the team and held a symposium to listen to the rectification of the problems pointed out by the central supervision group in supervision of the rectification of the problems pointed out by the education and rectification of the court's team, the investigation and rectification of cases of illegal handling of commutation of sentences and parole, and put forward requirements for the next work.
04 From June 3 to 4, Deng Delu, member of the Party Leadership Group and Vice President of the Provincial Court, led all party members of the Party branch of the department in charge to Zhou Dawen’s former residence in Zhenyuan County to carry out the theme party building practice activity of “Inheriting the Red Spirit and Adhering to the Original Aspiration and Mission”. Second-level inspector Xiao Zhiguang participated in the event.
05 On June 8, Li Jiangbo, member of the Party Leadership Group and Director of the Political Department of the Provincial Court, led a team to Liupanshui Intermediate People's Court to investigate the education and rectification work of the supervision team, held a symposium to listen to the report on the work of the investigation and rectification process, and put forward supervision opinions.
06 On June 9, Wang Xia, vice president of the Provincial Court, went to the Xishui County People's Court of Zunyi City to investigate and guide the centralized jurisdiction of administrative litigation, pre-trial resolution of administrative disputes, non-litigation execution, and the appearance of the head of administrative organs to respond to litigation, reply to judicial suggestions of administrative organs, and the rate of loss of administrative organs, and held a research seminar.
07 On June 7, the provincial court held a video conference on drug control work in the province to thoroughly study and implement the spirit of General Secretary Xi Jinping’s important expositions on drug control work, conscientiously implement the spirit of the National Drug Control Work Conference and the Provincial Drug Control Work Conference, analyze the current situation of drug crime trials in the province, summarize the achievements of the provincial courts’ drug control work in 2020, and study and deploy the work of the provincial courts’ drug control special action to overcome difficulties. Ou Zhifan, a full-time member of the Provincial Court Judicial Committee, attended the meeting and delivered a speech.
08 On June 10, the Provincial Court held a special tutoring lecture on studying and implementing the spirit of the 8th Plenary Session of the 12th Guizhou Provincial Committee of the Communist Party of China, and invited Gao Linying, a professor at the Provincial Party School, to give special tutoring to the police officers of the courts across the province. Second-level inspectors at the provincial court, second-level senior judges, heads of various departments and representatives of police officers attended the meeting.
09 Recently, the provincial court held a video conference on drug control law publicity and training in courts across the province, and invited Zhang Desheng, director of the Prevention and Education Department of the Anti-Drug Corps of the Guizhou Provincial Public Security Department, to give lectures, and train members of the anti-Drug Law Publicity Teachers Bank and criminal trial judges in courts across the province. In order to give full play to the advantages of court trial resources and strengthen the pertinence, popularity, timeliness and effectiveness of anti-drug legal publicity and education, the provincial court selected 113 outstanding criminal trial judges and judge assistants from courts at all levels across the province as anti-drug legal publicity personnel, established a anti-drug legal publicity faculty database, and carried out anti-drug legal publicity on a regular basis.
Trial execution
01 Criminal trial
Recently, Puding County Court held a public trial of the case of the defendant Zhang and others helping for information network crimes and pronounced the sentence in court. After the trial, the court held that the defendants Zhang, Long, Wang and Xu knew that others used information network to commit crimes, but still provided technical support such as communication transmission for others' crimes. The circumstances were serious and constituted the crime of assisting information network crimes. Puding County Court sentenced defendants Zhang, Long, Wang and Xu to one year in prison and fined each for the crime of assisting information network crimes.Puding County Court pleaded guilty and accepted punishment for the four defendants in court to the criminal facts accused by the public prosecution agency and sentencing recommendations.
02 "Three Regulations" preaching
June 11, Lu Yang, Secretary of the Party Group and President of Zunyi Intermediate People's Court, gave a concentrated speech on the "Three Regulations" and "Ten Thousand Chiefs" to the leading cadres of municipal party and government organs such as the Municipal Party Committee Military-Civilian Integration Development Committee Office, Municipal Transportation Bureau, etc. at the Zunyi Municipal Administrative Office Center.
On June 8, Yao Benzhou, Secretary of the Party Group and President of Kaili Municipal Court, gave a speech on the "three regulations" and "ten thousand leaders" to prevent interference in judicial affairs to relevant leading cadres from 14 units including the Municipal Party Committee Office and the Municipal Party Committee Organization Department.
On June 9 and 10, Li Chenghai, Secretary of the Party Group and President of Yinjiang County Court, went to Heshui Town, Ziwei, Langxi, Muhuang Town and relevant county-level departments to carry out a speech on the "three regulations" and "Ten Thousand Chiefs" to prevent interference in judicial affairs.
On June 10, the Qinglong County Court organized a "three regulations" propaganda team led by Liu Xiaoqing, Party Secretary and President, as members to go to the Qinglong County Party Committee Office, County Discipline Inspection and Supervision Commission and other units to carry out propaganda activities.
03 Convenient and benefit the people
On June 5, Lu Moumou's house was dug up by his neighbor Yang Moumou, which affected the passage. For this reason, he asked someone to send materials to Liping County Court. The holiday duty judge contacted the plaintiff as soon as possible. Lu Moumou said, "I am 85 years old and it is inconvenient to walk." "Okay, let's handle other cases in your hand and contact you." At noon on June 9, Judge Yang Zilong, the head of the filing court of Liping County Court, came to Lu Moumou's home in Sanshijiang Community, Defeng Street, Liping County. Under the scorching sun, he checked the case dispute scene together, and explained the litigation instructions and other relevant regulations to the plaintiff Lu Moumou's elderly, in detail, handled the filing procedures for the elderly, and agreed to enter the village to hold a trial in the near future. When the judge left, the old man said, "Thanks to the judges for coming to file a case for me and solving my difficulty in walking."
Recently, the plaintiff Zhang came to the filing court of Zhenning County Court in a wheelchair to handle the filing procedures for the private loan dispute with the defendant Fu. Considering that the plaintiff is a physically disabled person, in order to reduce the burden of litigation of the parties, after soliciting his consent, the judge pushed the case to the people's mediation platform, and the people's mediator invited Fu to come to the plaintiff Zhang's home to conduct on-site mediation for Zhang and Fu. Under the patient interpretation of the law by the people's mediator, the two parties reached a mediation agreement, signed and confirmed the mediation results on the mediation platform and filed a judicial confirmation application. The judge of filing a judicial confirmation on the same day in a timely manner, quickly resolving the conflicts and disputes between the two sides, which is both convenient and efficient.
04 Execution work
"Is the Execution Bureau of Leishan County Court? Dong Moumou, who was transferred to the crime of refusal to be executed, has been controlled by our criminal police team. He wants to raise money to perform. Please ask the presiding judge to discuss this case." Recently, after receiving the notice from the county public security bureau, the Leishan County Court immediately notified the presiding judge who transferred the case to the Criminal Investigation Brigade of Leishan County Public Security Bureau to conduct consultation. It is reported that the Leishan County Court and the county public security bureau jointly issued the "Opinions on Establishing a Joint Defense Mechanism for Assisting Execution and Security" on January 30, 2019, establishing a long-term linkage mechanism on issues such as assisting in finding the person subject to execution, assisting in controlling the person subject to execution, assisting in seizure of the property of the person subject to execution, assisting in investigating and punishing illegal and criminal acts such as refusal to execute judgments and rulings, and security work. According to statistics, since the establishment of the linkage mechanism, Leishan Public Security has assisted the Leishan County Court in detention, assisted in finding 23 people, and assisted in the investigation of four cases of refusal to execute transferred by Leishan County Court.
On June 7, Tongzi County Court launched a one-month special execution action for cases involving people's livelihood, with 564,300 yuan being executed on the first day.
05 Mock Court Entering Campus
On June 5, the Qixingguan District Court organized a 2019 undergraduate class in the School of Ideology and Politics, the School of Marxism, Guizhou Engineering Applied Technology College to carry out a unique "Mock Court" trial activity. As the "Premier Judge" sounded the sacred gavel, a "Construction Project Construction Contract Dispute" case was held in full swing, and nearly 70 students attended the "trial trial" and truly felt the solemnity of the trial.
On June 11, Yuping County Court organized a judge to go to Yuping County Secondary Vocational School to carry out a "Simulated Court" campus activity. More than 150 teachers and students of the school observed and experienced this "Simulated Court Trial", giving young people an intuitive and vivid practical class on the rule of law education.
Middle-level court dynamics
01 On June 7, the Qiannan Intermediate People's Court held a report meeting on advanced deeds.
02 On June 9, the Xima People's Court of Longli County Court carried out the rule of law to help rural revitalization activities in Qiaobianzhai, Yangchang Village, Xima Town, and integrated into the grassroots social governance of Xima Town's "one center, one network, ten households" to help the construction of a legal village.
03 Recently, the Liupanshui Intermediate People's Court held a launch ceremony for the special execution action for property criminal cases involving duty crimes.
04 Recently, Xishui County Court, together with Xishui Economic Development Zone Management Committee, Xijiu Company, etc., established the "Xishui County Shock-flavored Liquor Organic Sorghum Judicial Protection Base" in Taozhu Village, Xijiu Town.
05 Recently, Anshun Intermediate People's Court launched a legal publicity campaign for "Promoting judicial governance of ecological environment and promoting harmonious coexistence between man and nature" in Nanma Plaza in the development zone.
06 Recently, the Guiyang Intermediate People's Court organized an assessment of law enforcement knowledge of judicial police in the city's courts.
07 Recently, the Qiandongnan Intermediate People's Court held a meeting of presidents of the whole prefecture to convey and study the spirit of Han Deyang's speech in Danzhai for investigation and the spirit of the instructions in the work report of Qiandongnan Court, and make arrangements for the implementation of the spirit of the speech.
Court Story
Fill in the property declaration form randomly! arrest!
"Judge, I really don't know that the consequences of filling in this will be so serious. At that time, I just didn't bother to check the bank balance and WeChat balance. I filled in randomly..." Recently, the person subject to execution, Yu Moumou, defended the judge after the judge of Leishan County Court read out the detention decision.
It is reported that Yu Moumou was sentenced to repay the loan of 59,700 yuan to Ou Mou due to a loan contract dispute. The judgment has not been fulfilled since it took effect. Ou Mou applied for compulsory execution to Leishan County Court. During the execution period, the court delivered a report of property order and property declaration form to Yu Moumou. During this period, Yu Moumou randomly filled out the property declaration form, filled in the bank deposit situation as "none", and failed to truthfully declare his WeChat deposit of 8,067 yuan and provident fund deposit of 6,014 yuan.
The person subject to execution Yu Moumou's false reporting of property violated the law. On June 2, 2021, the Leishan County Court decided to detain him for fifteen days in accordance with the law.
Legal Tips: If the person subject to be executed violates Article 241 of the Civil Procedure Law of the People's Republic of China and the Interpretation of the Supreme People's Court on Several Issues Concerning the Implementation Procedures of the Civil Procedure Law of the People's Republic of China and Article 31, Article 32 and Article 33 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Implementation Procedures of the Civil Procedure Law of the People's Republic of China and refuses to report property or false reports, in accordance with the provisions of Article 111, Article 115, paragraph 2, Article 116 and Article 214 of the Civil Procedure Law of the People's Republic of China, the People's Court may impose a detention of the person subject to be executed within 15 days and a fine of not more than RMB 100,000, and the unit imposes a fine of not more than RMB 50,000 and not more than RMB 1 million according to the circumstances. (Source: Leishan County Court)
Review: Zhao Ying, Jin Jing | Editor: Shen Chongyang
