Typical Cases of Implementation Involving People's Livelihood

catalogue

1. A series of disputes over unpaid labor remuneration by the executed party Guangzhou Zhenjun Clothing Co., Ltd

2. Du Bodong's Application for Execution of Guangzhou Luoyi Trading Co., Ltd. Salary Payment Case

3. Xu Chuncai and Yang Shunju's custody dispute case

4. Execution case of Sanlu Dairy Co., Ltd. defaulting on employee wages

5. Wu Qingmo and 19244 sugarcane farmers' dispute over the pursuit of sugarcane payments

6. Anhui Now Color Printing Co., Ltd. Refuses to Execute Arbitration Legal Documents Case

7. Qu Jingzhi and Liu Liang's Compensation Case for Motor Vehicle Traffic Accidents

8. Traffic accident rescue case involving Chen Xingrun and others

9. Guo Kecun's Refusal to Execute Judgments and Rulings

10. Case of Luo Xiaorong Refusing to Execute Judgments and Rulings

11. Chen Qi's obstruction of official duties case

12. Case of Yang Zhengtian, the executed person, fulfilling his obligation to compensate in good faith

1、 A series of disputes over unpaid labor remuneration by the executed party Guangzhou Zhenjun Clothing Co., Ltd

——The executing judge has traveled to 7 cities, assisted by 26 courts nationwide, and recovered 820000 yuan in unpaid wages for over a hundred workers

（1） Basic facts of the case

In March and April 2015, the executor Guangzhou Zhenjun Clothing Co., Ltd. was found to be in arrears with workers' wages due to poor management. Therefore, the company's workers applied for arbitration to the Guangzhou Haizhu District Labor and Personnel Dispute Arbitration Committee. According to the ruling of the committee, Guangzhou Zhenjun Clothing Co., Ltd. should pay a total of over 2.1 million yuan in unpaid wages to 153 workers including Peng. After the ruling came into effect, Guangzhou Zhenjun Clothing Co., Ltd. failed to fulfill its obligations, and Peng and others applied to the court for compulsory execution.

After the People's Court of Haizhu District in Guangzhou filed and executed the case, it immediately investigated the property of the person subjected to execution with the banks, vehicle management, housing management, industry and commerce departments. Except for deducting more than 70000 yuan from bank deposits, it was not found that the person subjected to execution had any property available for execution. After a search, it was found that the company is no longer operating. In order to break the execution deadlock, the executing judge actively communicated with the workers and learned that the person being executed has multiple directly operated stores across the country, and may have receivables and deposits available for execution. The executing judge rushed to seven cities in Guangdong Province, including Guangzhou, Shenzhen, Zhuhai, and Jiangmen, within 45 days, and contacted 26 courts outside Guangdong Province, including Hunan and Chongqing. They delivered execution rulings and assistance notices to over 100 shopping malls where directly operated stores were located, requesting that the outstanding amounts to the executed person be directly remitted to the court for processing, and continued communication with the aforementioned shopping malls. As of October 24, 2015, a total of over 750000 yuan has been paid for 24 executed funds, including 70000 yuan of deducted deposits, resulting in a total of over 820000 yuan.

After the payment was received, the executing judge held multiple meetings of creditors, including suppliers. After patient work, the suppliers agreed to waive their participation in the distribution of this execution payment, so that all execution payments can be distributed to the workers. On November 10, 2015, the People's Court of Haizhu District, Guangzhou City distributed the execution fee of over 820000 yuan to the workers in proportion, which received unanimous praise from the parties and public opinion.

（2） Typical significance

The typical significance of this case is reflected in: firstly, strengthening mutual assistance between courts. In order to prevent the person being executed from transferring property, the executing judge quickly responds, directly executes the property within the province, and contacts courts outside the province to assist in the execution, ensuring the effectiveness of the execution. Secondly, enforce the due creditor's rights against third parties in accordance with the law. In order to avoid local shopping malls not cooperating with the execution, the executing judge continued to communicate and interpret the law, winning the active support of a third party. Thirdly, promote priority compensation for workers' wages. Under the existing legal framework, encourage suppliers to voluntarily give up participating in distribution through creditor meetings and support workers in prioritizing their wages.

2、 Du Bodong's Application for Execution of Guangzhou Luoyi Trading Co., Ltd. Salary Payment Case

——Through online query, it is found that the executed person's Tmall online store freezes and deducts funds from Alipay account according to law

（1） Basic facts of the case

On March 25, 2015, the Labor and Personnel Dispute Arbitration Commission of Xicheng District, Beijing made a ruling on the dispute between Du Bodong and Guangzhou Luoyi Trading Co., Ltd. over wages and other related matters, ordering Guangzhou Luoyi Trading Co., Ltd. to pay Du Bodong a total of approximately 90000 yuan in wages, basic living expenses, and economic compensation for terminating the labor contract. After the ruling took legal effect, Guangzhou Luoyi Trading Co., Ltd. failed to fulfill its obligations, and Du Bodong applied for compulsory execution to the Xicheng District People's Court of Beijing in accordance with the law.

After filing the case, the People's Court of Xicheng District, Beijing sent an enforcement notice to the residence of Guangzhou Luoyi Trading Co., Ltd. in accordance with the law, but the enforcement notice was returned on the grounds that "the executed unit has closed down". The execution personnel then searched the property situation of the executed person through the Supreme People's Court's execution network inspection and control system, but did not find any deposits of the executed person. The applicant, Du Bodong, also stated that the factory of Guangzhou Luoyi Trading Co., Ltd. located in Guangzhou has been suspended for a long time, and the company has been closed for a long time. The employees of the unit are unable to contact the company's person in charge, and the goods and other assets of the Guangzhou factory have also been disposed of earlier. They cannot provide any other clues to the property of the executed person.

The executive noticed through communication with Du Bodong that Guangzhou Luoyi Trading Co., Ltd. had once operated a Tmall online store in Beijing, so he found the company's registered Tmall online store through the network, and immediately contacted Alipay (China) Network Technology Co., Ltd. to check the account and account balance of the subject. Upon investigation, the balance of Alipay account of the executed person was about 31000 yuan. The execution personnel immediately sent the freezing ruling and deduction ruling to Alipay (China) Network Technology Co., Ltd. After the Alipay account of the executed person was frozen, there was still money coming in. On December 23, 2015, with the assistance of Alipay (China) Network Technology Co., Ltd., the executive court successfully deducted about 53000 yuan from the Alipay account of Guangzhou Luoyi Trade Co., Ltd., and frozen the amount of the insufficient part. As of December 29, 2015, the Alipay account of the executed person had been frozen for about 13000 yuan.

（2） Typical significance

This case is a beneficial attempt to search for the property of the executed person through the internet under the new situation. The popularity of online shopping has made Alipay widely used in electronic businesses and online buyers. The money in the Alipay account, as the property under the name of the person being enforced, belongs to the property scope that can be enforced by the court according to the law. The execution personnel of this case are not limited to the traditional property investigation mode. They use network information to expand their search ideas, investigate whether the person being executed has operated an online store or not based on the case situation, and explore new types of property clues for the person being executed. After finding the Alipay account of the person being executed, effective measures were taken in a timely manner, effectively promoting the execution of the case.

3、 Xu Chuncai and Yang Shunju's custody dispute case

——The person subjected to execution did not fulfill their obligation to pay maintenance fees. After the execution court froze their bank account through the national court network inspection and control system, the person subjected to execution was under pressure and voluntarily fulfilled their obligations

（1） Basic facts of the case

In the case of a dispute over maintenance fees between Xu Chuncai and Yang Shunju, the People's Court of Lanshan District, Linyi City, Shandong Province ruled to allow Yang Shunju and Xu Chuncai to divorce. The daughter of both parties was raised by Xu Chuncai, and Yang Shunju paid a monthly maintenance fee of RMB 400 from June 2013 until the day when the daughter could live independently. The maintenance fee of 2800 yuan for the year 2013 was paid before December 1, 2013, and the maintenance fee for each subsequent year was paid before July 1 each year.

After the judgment came into effect, Yang Shun Bureau has not fulfilled its obligations as determined by legal documents. Xu Chuncai applied to the Lanshan District People's Court of Linyi City for enforcement on November 17, 2015, demanding that Yang Shun Bureau pay 12400 yuan in daughter support. After the case entered the execution process, it was learned that the applicant's family was very difficult, and the dependent was still young and urgently needed this maintenance fee. The execution court accelerated the execution speed. But after Yang Shunju's divorce, the executed person has been evading court enforcement. At the end of November 2015, after the Lanshan District People's Court of Linyi City opened the National Court Network Execution and Control Platform, the presiding judge inputted the case into the National Court Network Execution and Control System on November 30. The system provided feedback on the afternoon of the same day that the defendant Yang Shunju had a deposit of 8048.32 yuan in his bank account. On the morning of December 1st, the presiding judge froze the bank account of Yang Shunju through the system. In the afternoon, the bank provided feedback that it had been successfully frozen. Subsequently, the presiding judge contacted Yang Shun Bureau to provide criticism and education. Yang Shun Bureau was intimidated by the enormous deterrent power of online investigation and enforcement work, and on the afternoon of December 9th, took the initiative to transfer the remaining 4400 yuan of maintenance fees to the court's dedicated account, and promised to pay 5000 yuan of maintenance fees annually in the future.

（2） Typical significance

The case of seeking alimony is related to the healthy growth of minors. In this case, the applicant's family is in difficulty, and the dependent is still young. The dependent has been avoiding court enforcement and has relocated from their original address, making enforcement difficult. The enforcement court fully utilized the national court network inspection and control system, increased its efforts to inspect and control the property of the executed person, efficiently concluded the case, and promptly safeguarded the legitimate rights and interests of the parties involved.

4、 Execution case of Sanlu Dairy Co., Ltd.'s arrears of employee wages

-The enforcement court has taken various measures to ensure that 189 employees' salaries, compensation fees, and social insurance costs of over 5.2 million yuan are fully implemented

（1） Basic facts of the case

Hebei Xingtang Sanlu Dairy Co., Ltd. is a limited company owned by the former Shijiazhuang Sanlu Group Co., Ltd. with 51% of the shares. Due to the "Sanlu Milk Powder" incident, it ceased production in September 2008. Except for a few employees who stayed behind, all other employees were on vacation. In October 2010, the company's business license was lawfully revoked by relevant departments. As of March 2013, in addition to other debts (handled separately), the company still owed more than 5.2 million yuan to 189 employees, including wages, compensation fees, pension insurance, and unemployment insurance premiums. 189 employees have repeatedly reported to relevant departments and filed a lawsuit against Sanlu Dairy Co., Ltd. in court. After trial, the People's Court of Xingtang County, Hebei Province made a judgment in accordance with the law: 1. Within 30 days after the judgment came into effect, Sanlu Dairy Co., Ltd. will reissue and pay all the wages, economic compensation fees, social insurance and other expenses of 189 employees. 2、 Sanlu Dairy Co., Ltd. has terminated labor relations with 189 employees.

After the judgment came into effect, Sanlu Dairy Co., Ltd. failed to proactively fulfill its obligations, and in September 2013, the parties filed an application for enforcement. Due to the large amount of debt owed by the company, the Xingtang County People's Court, after communication and coordination with relevant departments, evaluated and auctioned the company's assets in accordance with the law. In the face of situations involving a large number of people, significant differences in specific situations, and different target amounts, the execution personnel carefully checked each one and, while ensuring the accuracy of the amounts, distributed more than 3 million yuan of unpaid wages and compensation expenses to 189 employees. The remaining 2.2 million yuan of various types of social insurance was reviewed and confirmed by the relevant social security units and the county employment bureau, and all of them were handed over to the relevant insurance companies in one go. At this point, the labor relations, wages, economic compensation, and social insurance labor dispute cases that lasted for two and a half years have been successfully concluded.

（2） Typical significance

This case is a typical case involving people's livelihood, involving a large number of people and having a significant social impact. To execute such cases, it is first necessary to strengthen communication and coordination. The execution court has had multiple conversations with employee representatives and enterprise leaders, coordinated and communicated with government authorities, and obtained active support from all aspects. Secondly, attention should be paid to standardizing execution behavior. During the execution, the executing court will combine the case with the company as the subject of execution in accordance with the law, ensuring that the interests of relevant employees are fairly protected. At the same time, it will evaluate and publicly auction in accordance with the law, formulate a distribution plan for execution funds in accordance with the law, and ensure the legality and compliance of execution activities.

5、 Wu Qingmo and 19244 sugarcane farmers involved in a dispute over the recovery of sugarcane payments

——Guangxi Yongkai Sugar Paper Group Co., Ltd. Binyang Bridge Branch and other companies have defaulted 250 million yuan in sugarcane payments to sugarcane farmers, which have been enforced in accordance with the law. All sugarcane payments to sugarcane farmers have been fully executed

（1） Basic facts of the case

In January 2015, Guangxi Yongkai Sugar Paper Group Co., Ltd. Binyang Bridge Branch was sued to the People's Court of Binyang County in Guangxi for defaulting on sugarcane payments to 19244 sugarcane farmers including Wu Qingmo. After mediation by the People's Court of Binyang County, it was confirmed that Guangxi Yongkai Sugar Paper Group Co., Ltd. Binyang Bridge Branch should pay a total of 250 million yuan in sugarcane payments to 19244 sugarcane farmers including Wu Qingmo, which was fulfilled in three phases. Guangxi Yongkai Sugar Paper Group Co., Ltd. and Binyang Yongkai Bridge Sugar Manufacturing Co., Ltd. shall bear joint and several payment responsibilities. After the mediation agreement came into effect, Guangxi Yongkai Sugar Paper Group Co., Ltd. Binyang Bridge Branch failed to fulfill its obligations, and 19244 sugarcane farmers applied to the Binyang County People's Court for compulsory execution in accordance with the law. Due to the close relationship between this case and the livelihood of sugarcane farmers, as well as the large number and amount involved, the enforcement court focused on explaining the law to sugarcane farmers, guiding them to exercise their litigation rights in accordance with the law, and safeguarding their legitimate rights and interests during the process of handling the case; At the same time, the People's Court of Binyang County has initiated a priority and rapid enforcement mechanism for cases involving people's livelihoods, immediately serving an enforcement notice to the person subjected to enforcement, and taking enforcement measures as quickly as possible to investigate and control the person's bank deposits, land use rights, factory buildings, and production equipment. Some assets have been evaluated in accordance with the law and then auctioned off. After hard work, all the 250 million yuan of sugarcane payment owed to sugarcane farmers by the executed person has been fully implemented.

（2） Typical significance

One-third of the land in Guangxi is sugarcane fields, with nearly 20 million farmers growing sugarcane. The enforcement court attaches great importance to the execution of cases related to the livelihood of sugarcane farmers, opens up a "green channel" for such cases, and adopts a priority filing and rapid execution method to handle them. The execution court only took two and a half months during the execution stage of the case, and the entire execution process was transparent and transparent. It cashed in nearly 20000 sugarcane farmers' sugarcane payments for 250 million yuan, and the execution effect was good.

6、 Anhui Now Color Printing Co., Ltd. Refuses to Execute Arbitration Legal Documents Case

——The person subjected to execution evaded execution, and their legal representative Wang Mingfeng was transferred by the court to the public security organs for investigation. After being detained, they fully fulfilled their obligations

（1） Basic facts of the case

Anhui Now Color Printing Co., Ltd. is an enterprise engaged in packaging printing in Shuangfeng Economic Development Zone, Changfeng County, Hefei City, Anhui Province. Due to various reasons, it has been defaulting on workers' wages since September 2014, involving more than 150 workers, with a cumulative amount of over 1 million yuan. At the beginning of 2015, 80 people including Xu Chuancui applied for labor arbitration to the Changfeng County Labor and Personnel Dispute Arbitration Committee. After trial, the arbitration committee issued an arbitration mediation agreement, confirming that the total salary to be paid to the 80 people mentioned above was over 500000 yuan. After the arbitration legal documents came into effect, Xu Chuancui and 80 others respectively applied to the People's Court of Changfeng County, Hefei City, Anhui Province for compulsory execution.

After the People's Court of Changfeng County filed a case for enforcement, the enforcement personnel found that the company's doors were tightly closed and in a state of depression. Production had been suspended for several days, and production equipment had been sealed off by multiple courts such as the Yaohai District People's Court in Hefei City. Through further investigation, it was found that the company has no property, land, or bank deposits available for execution. The whereabouts of the legal representative Wang Mingfeng are unknown, and the execution of the case is in difficulty.

Subsequently, the enforcement personnel communicated with Wang, the daily work manager of the company, multiple times in accordance with the law, situation, and reason based on the phone number provided by the applicant for enforcement. However, Wang did not propose specific solutions or plans, nor did he provide the whereabouts of the legal representative Wang Mingfeng, resulting in no substantial progress in the case. In this case, the executing court transferred the case to the public security organs and requested assistance in investigating the whereabouts of Wang Mingfeng. The public security organs conducted online investigations on Wang Mingfeng in accordance with the law. After Wang Mingfeng appeared at a bathhouse in Hefei, the public security organs promptly took control of him and handed him over to the enforcement court. Under strong legal deterrence, Anhui Color Printing Co., Ltd. has handed over all the wages that have been owed for a year to the court.

（2） Typical significance

The person subjected to execution in this case refused to fulfill the obligations determined by the effective legal documents by evading, resulting in difficulty in fulfilling the wages of 80 workers. In the case of multiple unsuccessful executions, the executing court requested the public security organs to assist in investigating the whereabouts of the legal representative, thus opening a breakthrough in the entire case. The public security organs have made full use of the advantages of online platforms, promptly released joint investigation information, and quickly positioned and controlled the legal representative of the executed unit. Due to the authority of the law, the person subjected to enforcement ultimately paid the unpaid wages. Practice has proven that the execution linkage mechanism is of great significance in solving the problem of difficult execution. People's courts should actively use the power of public security organs to quickly find the person being executed or the legal representative of the person being executed through online cooperation and other means.

7、 Qu Jingzhi and Liu Liang's Compensation Case for Motor Vehicle Traffic Accidents

——The person being executed evades execution, and the court coordinates with the public security organs to investigate and prosecute, urging them to fully fulfill their obligations

（1） Basic facts of the case

On March 13, 2014, Liu Liang drove a small ordinary bus without a license along Provincial Highway 348 from west to east to the intersection of Yangxinzhuang in Tangma Town, Yutai County, Shandong Province. He collided with the electric tricycle ridden by Qu Jingzhi, who was driving from south to north to the intersection. Later, Qu Jingzhi sued the People's Court of Yutai County, Shandong Province. On August 8, 2014, the People's Court of Yutai County made a judgment ordering Liu Liang to compensate Qu Jingzhi for the economic losses caused by this traffic accident of 78207.54 yuan.

After the judgment came into effect, Liu Liang did not actively fulfill the obligations determined by the judgment, and Qu Jingzhi applied to the People's Court of Yutai County for compulsory execution. After accepting the execution application, the People's Court of Yutai County served Liu Liang with the execution notice and property report order, but within the time limit specified by the court, Liu Liang refused to fulfill his obligations and did not report the property status. On January 23, 2015, the People's Court of Yutai County made a decision to detain Liu Liang for 15 days and impose a fine of 50000 yuan in accordance with the law. After being detained by the judiciary, Liu Liang neither fulfilled his legal obligations nor voluntarily paid a fine. After the detention period, he still evaded execution. The applicant, Qu Jingzhi, was disabled due to injury and had difficulty living in his family. The People's Court of Yutai County granted judicial assistance of 7000 yuan in accordance with relevant regulations. In November 2015, the People's Court of Yutai County issued an investigation letter to the Public Security Bureau of Yutai County, requesting the assistance of the public security organs in searching for the whereabouts of the executed person Liu Liang. Upon discovery, temporary control measures were immediately taken. On November 13, 2015, police officers from the police station under the jurisdiction of the Yutai County Public Security Bureau found and controlled Liu Liang. After receiving the notice from the police station, the execution personnel immediately went to the station to take judicial detention measures against Liu Liang. On November 26, 2015, the executed person Liu Liang realized his mistake and expressed willingness to fulfill his legal obligations. On that day, both parties reached a settlement agreement and fulfilled it, and the case was able to be concluded.

（2） Typical significance

In this case, after being subjected to judicial detention measures, the executed person Liu Liang still failed to fulfill his obligations and evaded execution, resulting in the rights and interests of the applicant for execution not being realized. The enforcement court shall strengthen coordination and cooperation with the public security organs, promptly transfer the case to the public security organs for investigation and control, take judicial detention measures in accordance with the law, form a deterrent to the executed person, and enable the case to be concluded. This case fully demonstrates that the cooperation of the public security organs with the enforcement court to take cooperative investigation measures is of great significance in finding the whereabouts of the executed person.

8、 Traffic accident rescue case involving Chen Xingrun and others

——The applicant is paralyzed in bed, and the court has decided to rescue 480000 yuan

（1） Basic facts of the case

In 2009, the executed person Zhang Wei drove a tractor from Yulongge Village, Xi'er Town, Mile City, Yunnan Province to the direction of Xilong. When we arrived at the road section of Damaopu Village, Xier Town, the vehicle turned into the ditch on the right side of the road, causing passengers Bao Tianyou and Zhang Hongbo to die on the spot, and Chen Xingrun (the two are sisters of the same name) both suffered from lumbar fractures, resulting in Grade I disability, and has been paralyzed in bed so far. Han Shaohu, Xu Jincai, Zhou Qiongyu and Zhou Chaogui were slightly injured. The court found Zhang Wei guilty of traffic accidents and sentenced him to five years in prison. He also awarded compensation of 104910 yuan to four relatives of Baotianyou for economic losses, 193846.7 yuan to Chen Xingrun (1992), 194488.43 yuan to Chen Xingrun (1984), 1494.32 yuan to Zhou Qiongyu, 1886.3 yuan to Xu Jincai, and 2145.5 yuan to Han Shaohu, totaling approximately 500000 yuan. Zhang Wei was released from prison in April 2013 and went out to work. His whereabouts are unknown and he has no property to execute. The two applicants, Chen Xingrun, suffered a lumbar spine fracture and were paralyzed in bed in this traffic accident. They have not been able to receive medical treatment, and their feet have started to rot, which is about to infect their upper body. They urgently need treatment fees. According to the Implementation Measures for Carrying out National Judicial Assistance Work in Yunnan Province (Trial), the Yunnan Provincial Higher People's Court provided a rescue of 480000 yuan to Chen Xingrun and other applicants for execution.

（2） Typical significance

Traffic accident cases are a difficult point for courts to enforce, especially in cases of group deaths and injuries caused by agricultural vehicles in rural areas. Yunnan Province actively improves the supporting measures of the relief system, includes relevant funds in the budget, and is managed and used by the provincial judicial organs in a unified manner. The executive department of the Yunnan Provincial High People's Court used nearly 10 million yuan in relief funds in 2015, resolving many large relief cases that cannot be resolved by grassroots courts, and effectively playing the role of the judicial relief mechanism.

9、 Guo Kecun's Refusal to Execute Judgments and Rulings

——The person subjected to execution defaulted on the wages of several migrant workers and refused to comply after being detained twice. He was sentenced to two years and six months in prison

（1） Basic facts of the case

From March 2014 to December 2014, the private prosecutor Liu Dalong led 17 workers to work for Guo Kecun at the Caozhuang Kiln Factory in Fengqiao Township. Guo Kecun owed him 118000 yuan in wages. On January 13, 2015, the People's Court of Suiyang District, Shangqiu City, Henan Province issued a civil mediation agreement, confirming that Guo Kecun had paid 9800 yuan to Liu Dalong before January 15, 2015, 20000 yuan before January 20, 2015, and the remaining 88200 yuan had been paid in full before April 15, 2015. Guo Kecun paid Liu Dalong 9800 yuan on January 14, 2015, but the remaining payments were not paid on time. On February 2, 2015, Liu Dalong applied for compulsory execution to the People's Court of Suiyang District, Shangqiu City. After filing the case on that day, the court served an execution notice on Guo Kecun and ordered him to declare his property status. However, Guo Kecun refused to fulfill his payment obligations and refused to report his property status. On May 18, 2015, the People's Court of Suiyang District, Shangqiu City decided to detain Guo Kecun for 15 days due to his refusal to declare his property to the court. Afterwards, Guo Kecun still refused to fulfill his payment obligation. On November 20, 2015, the People's Court of Suiyang District, Shangqiu City once again decided to detain him for 15 days. As of November 24, 2015, Guo Kecun still owed Liu Dalong labor remuneration of 108200 yuan and delayed performance fees.

According to the interview transcripts during the execution period of Guo Ke's court, production resumed at the end of March 2015, with a total production of over one million bricks. Witness Song's testimony confirmed that after Guo Kecun was detained, Sun sold another 20000 to 300000 bricks, and Guo Kecun still had assets in the kiln. A copy of the promissory note and a receipt confirming that Guo Ke borrowed and received an amount of 313660 yuan during the execution of this case.

The People's Court of Suiyang District, Shangqiu City believes that the defendant Guo Kecun has the ability to execute the judgment or ruling of the People's Court but refuses to execute it. The circumstances are serious and his behavior has constituted the crime of refusing to execute the judgment or ruling. The private prosecutor Liu Dalong was found guilty of the charges. According to Article 313 of the Criminal Law of the People's Republic of China, the defendant Guo Kecun was sentenced to two years and six months in prison for refusing to execute the judgment or ruling.

（2） Typical significance

The executed person in this case, Guo Kecun, runs a kiln but has the ability to fulfill his obligations but owes several migrant workers their wages. The execution court has detained him twice, but Guo Kecun still refuses to repent and evades execution. After entering the criminal accountability procedure, he still disregarded the living difficulties of several migrant workers, refused to fulfill the obligations determined by the effective judgment, and did not show actual repentance. He was ultimately sentenced to two years and six months in prison for refusing to execute the judgment or ruling, paying the legal price for his refusal to execute.

10、 Case of Luo Xiaorong Refusing to Execute Judgments and Rulings

——The person subjected to execution has a three story building covering an area of 150 square meters and a new four story building covering an area of 200 square meters, but fails to fulfill the legal obligation of over 150000 yuan, and is sentenced to 5 months of detention

（1） Basic facts of the case

The People's Court of Yudu County, Jiangxi Province made a civil judgment in the case of Zhou Lai's female lawsuit against Luo Xiaorong for personal injury compensation. Luo Xiaorong was not satisfied and appealed to the Intermediate People's Court of Ganzhou City, Jiangxi Province. The court ruled that Luo Xiaorong would compensate Zhou Lai's female medical expenses, work delay expenses, nursing expenses, and a total of over 150000 yuan. After the judgment came into effect, Luo Xiaorong failed to fulfill her obligations. On July 12, 2012, Zhou Lainu applied to the People's Court of Yudu County for compulsory execution. After the case was filed and executed by the People's Court of Yudu County, a notice of execution was sent to Luo Xiaorong in accordance with the law. However, Luo Xiaorong refused to fulfill his remaining obligations for various reasons after paying a portion of the payment. Therefore, the People's Court of Yudu County made a judicial detention decision against Luo Xiaorong, and Luo Xiaorong's relatives paid 10000 yuan in execution the next day.

The court found that Luo Xiaorong built a three story house with an area of about 150 square meters and lived in it in 2003. Starting from August 2014, a new house covering an area of over 200 square meters was built. On July 7, 2015, Luo Xiaorong was criminally detained on suspicion of refusing to execute judgments or rulings. On July 9th of the same year, Luo Xiaorong's relatives signed a settlement agreement with Zhou Lainu, paying Zhou Lainu a one-time compensation fee of 115000 yuan. Zhou Lainu issued a letter of understanding.

On August 12, 2015, the People's Court of Yudu County made a judgment in the case of Luo Xiaorong, believing that Luo Xiaorong had the ability to execute the effective civil judgment of the court and refused to execute it. The circumstances were serious, and his behavior constituted the crime of refusing to execute the judgment or ruling. After being detained by the court in 2014 and issuing a guarantee letter, Luo Xiaorong still failed to fulfill his obligations as determined by the judgment. The suspension of sentence has a negative impact on the community in which he resides, so it is not applicable. After Luo Xiaorong was brought to justice, he reached a settlement agreement with Zhou Lainu and fulfilled it, obtained the other party's understanding, as well as Luo Xiaorong's confession and repentance, and was sentenced to five months of detention. After the verdict was pronounced, Luo Xiaorong expressed satisfaction with the verdict and did not appeal.

（2） Typical significance

In this case, the executed person Luo Xiaorong already has a three story building covering an area of about 150 square meters and a newly built four story building covering an area of over 200 square meters. He is fully capable of fulfilling the repayment obligation of over 150000 yuan determined by the effective judgment, but he has not fully fulfilled the effective judgment. After being detained by the judiciary and given a repayment guarantee, he still does not repent and continues to resist execution. The circumstances are serious, and criminal responsibility should be pursued in accordance with the law. If Luo Xiaorong can timely repent and automatically fulfill the obligations determined by the judgment during the judicial detention by the executing court, he may not be transferred to pursue criminal responsibility. It was precisely due to his certain sense of luck that he misjudged the situation and was ultimately held criminally responsible in strict accordance with the law and punished by the law.

11、 Chen Qi's obstruction of official duties case

——The person subjected to execution conceals their whereabouts and refuses to fulfill their obligations under the effective legal documents. When summoned, they violently resist the law, resulting in minor injuries to the execution personnel and being held criminally responsible in accordance with the law

（1） Basic facts of the case

The People's Court of Putuo District, Shanghai added Chen Qi, the investor of the Shanghai Kuaiqia Real Estate Brokerage Firm, as the person to be executed in accordance with the law in the arbitration case of labor and personnel disputes applied by Wu Jinghua. On the morning of September 10, 2014, the applicant for enforcement, Wu Jinghua, called the enforcement judge to announce the discovery of Chen Qi's whereabouts. The enforcement judge of the Putuo District People's Court immediately summoned Chen Qi to Dongxin Road in Putuo District, but Chen Qi refused to cooperate and waited for an opportunity to escape. Later, Chen Qi fell the enforcement judge to the ground, causing his head to land and multiple injuries to his body. After judicial appraisal, the executing judge suffered scalp contusion due to external force, as well as multiple soft tissue contusions on the right upper arm, left elbow, and left knee, with an area exceeding 15 square centimeters, constituting minor injuries.

Chen Qi was taken to the public security organs by the police officers who were summoned to the scene, and was criminally detained by the Putuo Branch of the Shanghai Public Security Bureau on suspicion of obstructing official duties. He was arrested according to law on October 16 of the same year. On December 27 of the same year, the People's Procuratorate of Putuo District, Shanghai filed a public prosecution with the Putuo District People's Court for Chen Qi's crime of obstructing official duties. After trial, the People's Court of Putuo District found that Chen Qi used violent methods to obstruct government officials from performing their duties in accordance with the law, resulting in a minor injury to one person. His behavior has constituted the crime of obstructing official duties and should be punished in accordance with the law. On January 20, 2015, Chen Qi was sentenced to 10 months in prison for obstructing official duties in accordance with the law. Chen Qi appealed against the judgment. After trial, the Shanghai Second Intermediate People's Court made a final ruling on March 24, 2015, rejecting the appeal and upholding the original judgment.

（2） Typical significance

The person who was executed in this case not only evaded execution, but also refused to cooperate with the court's summons after being found out of their whereabouts, and resisted with violent behavior, causing minor injuries to the executing judge and seriously obstructing official duties. Therefore, they were held criminally responsible for the crime of obstructing official duties. This case demonstrates that the act of the executing judge in performing official duties in accordance with the law is inviolable, and any illegal act that obstructs official duties will be punished.

12、 Case of Yang Zhengtian, the executed person, fulfilling his obligation of compensation in good faith

——Yang Zhengtian, the executor, is honest and trustworthy, has fulfilled his debts as scheduled for many years, and is praised as the "most honest executor"

（1） Basic facts of the case

On a night in 2005, the executed person Yang Zhengtian parked his forklift on the roadside on his way home. However, due to failure to take relevant measures, a passenger car rear-ended, resulting in a traffic accident where one person died and four others were injured. After being tried by the People's Court of Wensu County and the Intermediate People's Court of Aksu Prefecture in Xinjiang, Yang Zhengtian was awarded compensation of a total of 405900 yuan to Aihetilimu, Yushan Keyimu, Turafutohuti, and Yang Zhengfang.

In 2007 and 2008, the four individuals successively applied for enforcement to the People's Court of Wensu County. In order to ensure the protection of the rights and interests of the applicant for enforcement and not to put the person subjected to enforcement in a desperate situation, both parties reached an enforcement settlement agreement under the auspices of the court. Yang Zhengtian paid 40000 yuan annually to the court, and each applicant received 10000 yuan, which was paid in full over ten years. After reaching a settlement agreement, in order to fulfill his promise, Yang Zhengtian made every effort to save various expenses, driving a forklift to look for work everywhere, sometimes working more than ten hours a day, while also working part-time to earn money. In order to help alleviate the pressure on his family, his wife also took the initiative to move bricks at the brick factory, and despite years of physical labor, she also fell ill. In order to save costs, the couple never returned to their hometown for over 20 years after arriving in Xinjiang in 1995. From 2008 to 2015, Yang Zhengtian never needed to be reminded and always went to the court on time to fulfill his promises without compromise. He has fulfilled more than 300000 yuan so far and has been recognized by the applicant for enforcement, earning him the title of "the most trustworthy person to be executed".

（2） Typical significance

Honesty is the foundation of being a person, and years of perseverance require a firm belief. As the person being executed, Yang Zhengtian respects the law, keeps his promise, and insists on paying the execution fee to the court as scheduled every year. Compared to the "old rascals" who try to avoid and resist execution, the spirit of Yang Zhengtian and his wife is more precious. They have practiced the core socialist values and promoted positive energy through practical actions.