Two very poor families became both parties to the execution case because of a personal casualty incident. I went to the person being executed for search and found only 5 yuan, and there was no other executable property.

Two very poor families became both parties to the execution case because of a personal casualty incident.

"I often feel sad during the execution process." The executive judge described to the reporter like this. I went to the person being executed for search and found only 5 yuan, and there was no other executable property. The body of the only son of the applicant for execution has been parked in the funeral home for 5 months and waiting for money to be cremated.

The case of "cannot be executed" was a complete case of "unable execution", but with the hard work of the Donggang People's Court of Liaoning Province, both sides not only resolved their resentment, but also returned to life and successfully concluded.

11 On November 13, in the office of the Executive Bureau of the Court, both parties held the hand of the execution judge Jiang Houge and said sincerely: "Thank you!"

both parties held the hand of the execution judge of the Donggang Municipal People's Court to express their gratitude for

The only son's volunteer helper lost his life

"Why is my life so hard?!" The applicant for execution, 53-year-old Lu, in the face of an interview with a reporter, burst into tears several times.

20 years ago, she joined her brother and younger brother who were fishing in Dandong from Heilongjiang. 10 years ago, her brother and younger brother unfortunately died of strong winds while going to sea. Her husband died of cancer three years ago. Now, her only son, Wang, is only 34 years old, has left her.

In June 2018, Lu Mouqiang from Donggang City was preparing to renovate the house, and the demolished floor was given to Yang for free. Yang asked Wu to find a few helpers to transport the floor. Wang took the initiative to help after hearing this. While working, Wang fell downstairs through the window and died of severe craniocerebral injury that day.

After Wang's death, Lu asked Yang and others for compensation. Yang and others believed that Wang and others came to help and should not pay the money. Lu sued Donggang City Court. On September 18, the first instance court held that Wang provided labor services free of charge. Yang did not refuse Wang's helping behavior, and was the actual beneficiary of the labor services. The two formed a legal relationship with helping, and Yang was responsible for compensation for Wang's damage consequences. At the same time, as a person with full civil capacity, Wang should know that there is a risk of falling when standing on the windowsill on the fourth floor and throwing a larger floor downward, and there is a fault for the damage consequences. Yang's liability for compensation can be reduced according to law. Therefore, Yang was sentenced to compensate the plaintiff 60% of the economic losses, and pay Lu's death compensation, funeral expenses, and mental damage compensation totaling more than 190,000 yuan. After the verdict of

came into effect, Lu found Yang and asked for money, but Yang refused to give it to him. On October 16, Lu applied for compulsory execution to the Donggang Municipal Court, and said that he would never cremate his son if he did not receive compensation.

55execution funds were found on the spot

0, director of the court's executive command center, Gao Mingzi, told reporters that the Donggang Municipal Court adopted the tactic of segmented execution. It usually takes one month to complete a case of filing, subpoena, inquiry, and freezing of an execution case. In view of the special circumstances of the case, the Party Group specifically requested special matters to be handled. They immediately conducted an online property inquiry on Yang, but found no property available for execution, and then transferred it to the action team to start enforcement.

Lu was extremely excited because he suffered the pain of losing his son and the compensation was not in place as scheduled. The executive judge Jiang Houge empathized with it. After receiving the case, he did not rest on weekends and came to Yang's residence for search. In order to calm down Lu's emotions as much as possible and let him truly feel the court's efforts and positive actions, he invited Lu to Yang's home together.

The scene in front of him made Jiang Houge in a dilemma and also made Lu remain silent. 65-year-old Yang and his wife lived in a simple bungalow in the vegetable field greenhouse. After searching, no valuables, deposits, passbooks and other properties available for execution were found. Jiang Houge learned that Yang's residence was still pitiful to him by his relatives and allowed him to live temporarily for free. Yang and his wife are sick all year round and need injections and medicine. All the income of the old couple is basically spent on treatment.

"Only 5 yuan was found under the kang. During the search, I also saw the medical records of Yang and his wife. This family is really in trouble! Lu asked Yang to be detained, but after the hospital check, Yang's blood pressure was as high as 195, which did not meet the conditions for detention."At that moment, Jiang Houge realized that this case was a typical case of inability to execute.

Jiang Houge then went to Lu's house, and the situation he saw made him feel nervous: the same simple bungalow was also penniless. The cement walls were full of moldy ideas, and the dilapidated stove and rice cooker looked useless, and the house was cold.

Lu said that since his son died, he could not remember to eat every day, and only got some food if he was so hungry that he couldn't sleep at night, and he couldn't take sleeping pills, so he kept smoking and smoked for a night. She used to do odd jobs, but now she had no intention of working. If her brother hadn't remarried after his death, she left her a minor child to take care of, she wouldn't know how to survive.

Jiang Houge was in a very heavy and entangled mood. The applicant for execution needs money, but the person to be executed is from a poor family and has no ability to perform. This case is tantamount to a great challenge for him.

The court devotes his passion to mediation and execution to be active

After repeated thinking, Jiang Houge believes that only mediation is the most effective way to execute the case. Even if the execution cannot be executed, he must do his best to make the best efforts for the applicant for execution.

So, in the subsequent execution process, he interviewed both parties many times, starting from the truth and law, so that the parties can think from the perspective of others and find a breakthrough.

"He is also in a difficult family and is old, so I can't kill him because of money. "Finally, Lu no longer insisted on the amount of the judgment and agreed to make concessions.

Jiang Houge talked with Yang, talking about the legal provisions and the basis and principles of the court's judgment, as well as the dilemma of helplessness in the second half of his life, and there is still a child to raise. Yang deeply understood the judge's good intentions and expressed his willingness to perform as much as possible.

"Judge Jiang told me that you lost money, but she lost her son's life. This is reasonable. So no matter how difficult it is, I have to find a way. "Yang told reporters.

Finally, under the auspices of Jiang Houge, the two parties reached a settlement agreement. Yang promised to compensate Lu 80,000 yuan, and raised loans from 15 relatives and friends. On October 31, he paid another 55,000 yuan. The case was concluded "reunion-like". The moment he received the last execution payment, Lu cried and took Jiang Houge's hand and said, "Judge Jiang, my son's body has been in the funeral home for five months. Today, I can finally give my son an explanation and cremate him. Although I did not receive all compensation according to the amount of the judgment, I know you have tried your best! "

Yang also expressed his gratitude to Jiang Houge excitedly: "I am a farmer and can't speak. I can only thank you. My family is poor and I really can't afford that much money. If you think about the people, I have relieved the burden in my heart and allowed me to survive. "

In the final sprint period of "basically solving the difficulty of execution", Donggang City Court exhausted all measures to promote case conclusions and always kept in mind the concept of justice for the people. While enforcing the law is "ruthless", it takes into account the "emotional" of good faith execution and strives to achieve the unity of legal and social effects.

Source: People's Court News