Chapter 17: The First Case of Vacating the House (3)
After the first question was clearly explained, Sun Zhengyang asked the second question, which is what was said in the Tieba article, that the court enforcement bureau wanted to enforce the only housing of Wang Jinchao's family, forcing his family to be homeless.
"Secretary Sun, that's the case." Qin Huai went on to explain: "On the second question, I would like to make one point first, that is, the only home of the family is also enforceable, which is the clear opinion of the Supreme Court. Of course, in the auction proceeds, a certain amount of rental expenses will be reserved for the person subject to enforcement.
This means that the property where Wang Jinchao lives now fully meets the conditions for auction and enforcement, and we also execute the property in full accordance with legal procedures. Moreover, Wang Jinchao actually has a house in the countryside, and after vacating the house in Jixiangyuan, he can go back to the countryside to live and rent a house in the city.
Therefore, the so-called desperate argument is completely alarmist. His real purpose is to put pressure on our execution work through the Internet, to force us to make concessions, so as to achieve his goal of continuing to occupy the property in Jixiangyuan.
As for collusion with the executor of the application, it is completely out of nowhere.
At present, the executor of the application on the file is still Bohai Bank, not Jinshi Company, and it was not until yesterday that they went to Wang Jinchao's house to do his ideological work, and we did not know the news that Bohai Bank had resold the real estate to Jinshi Company, and this news was only the words of Jinshi Company's personnel.
Let's ask, we don't even know the news of the resale of the property to the Golden Stone Company, so how can we talk about this so-called collusion? ”
Speaking of this, he couldn't help but sigh wistfully, and then continued: "But since this article is aimed at our court, we can't ignore it. In this way, let's go back and check with Bohai Bank, if Bohai Bank does sign a real estate transfer agreement with Jinshi Company, we will take the initiative to explain the legal interests to the management of Jinshi Company, so that their people can maintain rationality and restraint and realize their rights in accordance with the law.
Two leaders, this is roughly the case, we have all said what should be said, do the two leaders have any other questions? ”
Sun Zhengyang and Gao Wenyuan looked at each other and nodded. Sun Zhengyang said: "Dean Qin, Director Chen, we have already understood the general situation. However, many people in the society do not know so deeply, and there will inevitably be many doubtful voices. Therefore, I suggest that your court issue a detailed online statement to take the initiative to clarify the facts and correct the audition. If you feel that the force is not enough, the Commission for Discipline Inspection can also jointly sign after going through the investigation process.
Of course, I'm just suggesting, it's up to you to listen or not.
In addition, if you go to Jinshi Company, you must pay attention to the way you speak, after all, Jinshi Company is a large-scale enterprise and a large taxpayer in Dongzhou, and the chairman Tan Wenming is a deputy to the Provincial People's Congress, so it is better not to make the relationship stiff. ”
"Secretary Sun, thank you for your concern and support for the court's enforcement work." After speaking, Qin Huaiyuan's tone changed and said, "However, with all due respect, I don't agree with your suggestion about the network statement. ”
Sun Zhengyang looked at Qin Huaiyuan very puzzled, and said, "Then you should tell me the reason, and let me and Minister Gao listen to it." ”
Qin Huaiyuan explained: "In fact, the price of the real estate auction is too low, and we are also responsible. Our responsibility lies in not vacating the property, so that the person subject to enforcement occupies the property for a long time, which is also the main reason why the transaction price of the real estate auction is too low or the auction is unsuccessful.
However, the resistance faced by the vacant house case is incomparable to that of other cases, and our enforcement officers have also encountered people who have been executed with fierce emotions, some with knives and slashes, some threaten to jump off the building, and some even splash gasoline or alcohol in the house.
To be honest, we are not afraid of difficulties, but we have to consider the personal safety of police officers, so it is difficult to make substantial progress in most of the vacant cases.
If the voices of suspicion in society are to be completely dispelled, the truth of all this must be disclosed in detail, but in this case, it is likely to have a negative impact on the authority of the judiciary. So, it's not that we don't want to make this statement, it's really a dilemma! ”
After listening to this, Sun Zhengyang said with emotion: "It seems that your difficulties are much greater than we imagined!" Do you have a good way to deal with it? ”
At this time, I only heard Chen Molei say: "Actually, it's not impossible. As soon as these words came out, Sun Zhengyang's eyes fell on Chen Molei at the same time, making him feel a little uncomfortable.
Chen Molei calmed down and continued: "It just so happens that Minister Gao is also here. I think that if the Propaganda Department had come forward to organize various media in Dongzhou to report on our vacant house case and expose these judgment debtors on TV, newspapers, and the Internet, our vacated house case might have been easier to handle.
As the saying goes, people want to have a face and a tree to have a bark, and I think most of the people subject to execution don't want to make a fool of themselves in front of the media. If the property is vacated, the bidder does not have to worry about the auction in the sky, and the transaction price will naturally go up, so that there will be no more people who say that the judicial auction has a dark box operation. ”
"This is a good idea!" Gao Wenyuan patted the armrest of the sofa and said, "If you are in need, our Propaganda Department will definitely support you!" ”
Sun Zhengyang also nodded in agreement.
However, Qin Huaiyuan did not agree, and he whispered to Chen Molei: "You are thinking too simply! You still only know the one-third of an acre staring at you! ”
When Chen Molei heard this, he only felt confused.
Then, I only heard Qin Huaiyuan say to Sun Zhengyang and Gao Wenyuan: "Secretary Sun, Minister Gao, I originally wanted to talk about this matter later, but since Mo Lei mentioned this, I will talk about my views together." ”
He paused for a moment, and then said: "In reality, the person subject to execution in the vacant house case has its own situation, so it should be treated differently. The method mentioned by Murray can be applied to those who are unreasonable but love to save face, but I do not recommend using this method for those who are really in difficulty, because the reason why they resist enforcement is mainly because they are worried about the future security of their lives.
My suggestion is that, first of all, the judgment debtor in the case of vacating the house should be roughly investigated and classified, and if the family has difficulties, you can contact the employment office to provide the person subject to enforcement or his family with a job with income security, which solves the problem of living security that the person subject to enforcement is worried about, and the pressure on vacating the house will naturally be greatly reduced. Moreover, this method can also be generalized to other enforcement cases.
As you know, there is no personal bankruptcy system in China, so even if the person subject to enforcement is really financially difficult, the debt will not disappear and the enforcement case cannot be closed. However, if this method is implemented and the resistance to enforcement work is reduced, such enforcement cases can be gradually digested.
In addition, the judgment debtor's intention to accept the work and performance can also be used as an important judgment criterion to test whether the judgment debtor has the ability to perform, because the positions provided are often manual labor, and the income is also at an average level, which is generally not looked down upon by the person subject to enforcement who has hidden wealth.
However, after all, this is a very huge project, and without the strong support of the municipal party committee, it would not have been possible for us to rely on the court alone. ”
Sun Zhengyang nodded: "This method is good, and it is also in line with the actual situation in Dongzhou, we still have a lot of labor shortages in Dongzhou." But there is a problem in this, I am afraid that the vast majority of enterprises are unwilling to accept the person subject to execution, after all, this identity is not a glorious thing, have you considered this problem? ”
Qin Huaiyuan showed a trace of embarrassment on his face and said, "Secretary Sun is right, this is also the reason why I haven't reported for a long time. If you want to implement this method and let the enterprise accept the person subject to enforcement, it is necessary to evaluate the morality, integrity, law-abiding and other aspects of the person subject to enforcement, and the enterprise must also take corresponding preventive measures to avoid attracting thieves into the house.
That's why I said, it's a huge project, and it needs to be done slowly, step by step. ”
Sun Zhengyang and Gao Wenyuan were willing to help, but they didn't know how to help for a while, so they could only express encouragement and support.
On the way back to the court, Chen Molei complained to Qin Huaiyuan: "Senior, what you did is too inauthentic, you should tell me in advance." It's good now, you've become a saint who takes care of the overall situation, but I've become a short-sighted villain. ”
Qin Huaiyuan smiled and said, "You, when will you no longer only stare at your own one-third of an acre and learn to stand tall and see far, your vision will naturally be broadened." ”
Chen Molei snorted and said, "Say it lightly! I'm not in your place, how can I stand tall and see far? Besides, if I am too busy to do my own work in the field, how can I have the heart to take care of the crops in other people's fields? ”
Qin Huaiyuan went to the back of the car seat: "You stinky mouth, you just have to be unforgiving, you are justified at all times!" After saying that, he closed his eyes and recuperated.
After a while, Chen Molei suddenly asked, "Senior, there is a question I don't understand. You say, Tan Wenming's Jinshi Group is so wealthy, how could he set his eyes on this house auctioned by the court? Judging from the current housing prices, he can earn up to 300,000 yuan by selling this house, is he short of this money? Even if he contracted all the properties involved in the case in Dongzhou, based on the current number of judicial auctions, it is estimated that he will be able to earn up to 9 million a year, and besides, it is not certain how many houses can be executed.
You say, what is he doing here? ”
Qin Huaiyuan was a little sleepy, and said casually: "A businessman will not do one thing for no reason. Tan Wenming must have a reason for doing this. ”
"Doesn't that mean you didn't say that?" For this kind of answer without an answer, Chen Molei has always been unwilling to accept it.
Qin Huaiyuan opened his eyes, thought for a moment, and said, "Perhaps, he has his own difficulties." ”
Chen Molei asked again: "He is such a big boss, what difficulties can he have?" ”
Qin Huaiyuan didn't rest at noon, and he was always thinking about how to deal with this public opinion incident, which finally fell asleep in a daze, but was woken up by Chen Molei, and he was very unhappy: "Where did you come from so much, why?" You ask me, I ask who goes? I'm not a god! ”
After speaking, he turned his head, continued to close his eyes, and no longer paid attention to Chen Molei.