1. The person subjected to execution refuses to execute the effective judgment.
1992, the village committee of East Gu Lou, as the employer (Party A), signed the Contract for the Reconstruction of Abandoned Land with the contractors (Party B) Xirong Jin and Xu Jinrong, with the contract term of 2012 65438+the end of February. The village committee of Houdong Gu Lou had a collective land ownership dispute with two other neighboring villages, and the contracted land area of Jin and Xu was changed from 700 mu to 220 mu. During the contract period, Jin and Xu planted a large number of seedlings in the contracted land and built other attachments. After the expiration of the contract, Jin and Xu continued to forcibly occupy the land, refused to return it without renewing the contract, and refused to clean up the attachments such as seedlings. On June 7th, 20 13, the village committee of East Gu Lou sued Xirong Jin and Xu Jinrong to the court, asking them to clean up the attachments on 220 mu of land and restore them to their original state.
2065438+On July 7, 2003 17, Saihan District People's Court ruled that the defendants Xirong Jin and Xu Jinrong returned 220 mu of collective land contracted by them to the plaintiff. After the verdict was pronounced, the original defendant refused to accept it and appealed to the Intermediate People's Court of Hohhot. 2065438+On March 27th, 2004, the Intermediate People's Court of Hohhot ruled in the second instance that Xirong Jin and Xu Jinrong would return their contracted 220 mu of collective land to the East Gu Lou Village Committee of Saihan District, and restore the land to its original state within one month after the judgment came into effect.
After the final judgment, Xirong Jin and Xu Jinrong refused to perform their obligations stipulated in the judgment, and the village committee of East Gu Lou applied to Saihan District Court for compulsory execution. After the case entered the execution procedure, Saihan District Court issued an execution noticeNo. (2065 438+04)359 to the second executor on May 29th, 20th14th, ordering him to return 220 mu of contracted land to the applicant executor and restore it to its original state within10th day after receiving the notice, but the executors Xirong Jin and Xu Jinrong failed to perform it within the execution period. Our hospital then posted the notice of moving out on June 1 1, 2065438. After the expiration of the time limit, the two persons subjected to execution still refused to perform. Inner Mongolia Xinrong Forest Animal Husbandry Development Co., Ltd. (hereinafter referred to as Xinrong Company), the legal representative of Xirong Jin, issued a forest seed production license and a forest seed business license on 20 165438 (valid until 2015165438+122 October). After hearing the case, Saihan District Court made a civil ruling of (20 14) Sai No.3, rejecting Xinrong Company's application for execution objection.
Second, the court coordinated in many ways to ensure law enforcement.
In recent years, a number of key projects and projects have been planned and constructed in East Gu Lou Village. Among them, the "308" project of the National Security Department of Inner Mongolia Autonomous Region is the key project of the autonomous region and the Ministry of National Security; The construction of the office building of Inner Mongolia Fire Corps and the first phase project of the Second Affiliated Hospital of Inner Mongolia Medical University are livelihood projects involving people's lives and property safety, especially the construction project of the Second Affiliated Hospital of Inner Mongolia Medical University is a gift project for the 70th anniversary of the founding of the autonomous region. The 220 mu of land involved in the case of East Gu Lou Village v. Xirong Jin and Xu Jinrong also belongs to the scope of land acquisition of the above-mentioned projects. Because this part of the land cannot be restored to its original state, the above projects are greatly affected. The "308" project of the National Security Department of Inner Mongolia Autonomous Region could not be moved as a whole for more than a year because the seedlings could not be cleaned in time and the core projects were difficult to dock. The first phase project of the Second Affiliated Hospital of Inner Mongolia Medical University has been delayed for more than half a year because the foundation trench has to pass through the land involved. In order to promote the construction of key projects and projects, the Saihan District Party Committee, the government and the forestry department have coordinated and communicated with Jin and Xu many times in recent years, urging them to consciously fulfill their obligations determined in the judgment documents. However, Jin and Xu have always refused to take the initiative to clean up seedlings and attachments, and demanded huge compensation, making 220 mu of land a "hard bone" that hinders the construction of the project.
In order to fully implement the development idea of "8337" and provide strong judicial guarantee for promoting the construction of key projects and key projects in the autonomous region, the party group of our hospital faced up to difficulties, dared to take responsibility, gave full play to the spirit of being good at gnawing hard bones, organized elite forces to seriously study the case, worked out a work plan, and strived to make the case smoothly executed, achieving a high degree of unity of legal, political and social effects of the case. The enforcement judge preached laws and regulations to the second person subjected to execution many times, clearly informed him of the legal consequences of refusing to perform the effective judgment, and urged the second person subjected to execution to perform it voluntarily, but the second person subjected to execution ignored the effective judgment of the court, even threatened the court police and refused to perform his obligations. Based on this, the Saihan District Court decided to enforce it, earnestly safeguard the legal authority and ensure the orderly progress of key projects of the state and the autonomous region.
In order to properly settle the case and protect the legitimate rights and interests of the person subjected to execution, Saihan District Court entrusted an appraisal agency to appraise the value of seedlings of 12.963 mu of 220 mu of land, and wrote to Hohhot Forestry Bureau on June 26th, 20th14th on the relevant issues concerning the execution of seedlings on the ground involved. Hohhot Forestry Bureau replied to the court that the land involved is not within the scope of forest land management and can be regarded as a nursery without application.
After careful study, the Saihan District Court formulated a detailed implementation plan and decided to clear the seedlings on June 30. After many times of communication and coordination with relevant departments and interviews with relevant responsible persons, Saihan District Political and Legal Committee held a coordination meeting on compulsory enforcement of seedlings attached to the land involved in East Gu Lou Village on June 29, and invited the responsible persons of relevant departments such as the Safety Department of the autonomous region, Sai Han District Committee, District People's Congress, District Procuratorate, District Public Security Bureau, District Forestry Bureau, District Forestry Public Security Bureau and District Urban Management Law Enforcement Bureau to participate in the coordination meeting to further discuss and improve the implementation plan of Saihan District Court.
Third, enforce the law according to law and safeguard legal authority
2065438+June 30th, 2004, Saihan District Court dispatched more than 40 police officers, with Wang Yonggui, Party Secretary and President of Saihan District Court, as the first responsible person. With the close cooperation of public security, urban management, fire protection, medical treatment and other relevant departments, more than 260 workers were mobilized to go to East Gu Lou Village in the rain to attach seedlings to 220 mu of land, of which 12.963 mu of land was attached with seedlings and obstacles were treated.
In order to prevent the person subjected to execution from making excessive acts and ensure the safe and smooth execution of the case, Saihan District Court made careful arrangements in advance, formulated emergency plans in view of various situations in the execution process, and standardized the whole execution process according to law. After nearly two days of hard work, the law enforcement action was successfully concluded on July 1.
This enforcement action is the largest enforcement action of Saihan District Court in recent years, which not only demonstrates the determination and enforcement of the court to protect state-owned property and safeguard judicial authority, but also embodies the legal spirit of strict and civilized enforcement according to law and standardized implementation. The successful completion of this compulsory execution ensured the overall relocation of the "308" project of the National Security Department of Inner Mongolia Autonomous Region and the smooth foundation slotting construction of the first-phase project of the Second Affiliated Hospital of Inner Mongolia Medical University, and also caused a powerful shock to those who refused to execute the effective judgment, laying a foundation for the next stage to comprehensively clean up the seedlings attached to the remaining land.
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