"I request the court to ascertain the facts of the case and make a fair judgment in accordance with the law." This is a phrase I often hear in the course of a case. Ascertaining the facts of a case is the premise and basis for a fair adjudication, and without this premise and foundation, there will be no way to talk about impartial justice.
The public says that the public is reasonable, and the mother says that the mother is reasonable
"Judge, this land was indeed bought by us from the defendant's father 10 years ago, and the chestnut trees we planted on it are very thick, and we ask the court to investigate the facts in accordance with the law and lift ......the seizure," Li Mouyi, an outsider to the case, said emotionally.
"Judge, what he said is not right, this land is the defendant's personal, the defendant owes me money for 8 years and has not paid it back, and resolutely asks the court to evaluate and auction this land to repay my debts, if the court does not enforce it, I will petition ......" The applicant for execution (plaintiff) Li Moujia was not to be outdone.
This is the scene of a hearing in an outsider's enforcement objection case, and this is the second hearing.
(The picture shows the chestnut trees growing on the plot in question)
The matter starts with the loan dispute between the plaintiff Li Moujia and the defendant Yang in 2016, the plaintiff and the defendant are villagers in the same village, and the defendant Yang borrowed 120,000 yuan from the plaintiff Li Moujia because of difficulties in capital turnover, and the loan was not repaid when the loan expired, and the defendant Yang was sentenced for a criminal offense. In 2017, Li Moujia applied to the Tancheng Court for enforcement, and the case was terminated because Yang had no property available for enforcement. In 2023, Li Moujia provided property clues to the court, requesting that a homestead in Yang's village be sealed and auctioned. The court immediately issued an enforcement ruling, seizing a piece of land owned by Yang that was located in a village in Tancheng Street, Tancheng County, and posted a notice of seizure. Soon after, Li Mouyi, an outsider to the case, filed an enforcement objection with the court on the grounds that the land involved in the case seized by the court was purchased from Yang's father, Yang, and requested that the seizure of the land be lifted.
On the one hand, the land use right of an outsider to the case, and on the other hand, the legitimate creditor's right of the applicant for enforcement, how to adjudicate? Can the objection be sustained? The case was in limbo for a while.
Find the right key to open the lock
Due to historical reasons such as land circulation and planning, there is no land certificate for the land in a village, and if the facts of the case are determined only on the basis of a simple land sale agreement submitted by an outsider, the evidence is obviously insufficient. Therefore, I decided to go to the village to implement the land transfer and sale on the ground.
The relevant person in charge of the village was not very cooperative, and the investigation process did not go smoothly.
But I think that since the land has been bought and sold for nearly 10 years, the neighbors will always be in the know. Sure enough, when inspecting the scene of the land involved in the case, there were many onlookers. After understanding the neighbors on the left and right, it can be determined that the land was replaced and that it was bought and sold many years ago. The investigation has finally come to an eyebrow.
"Judge Gong, I am very moved that you came to our village to investigate the situation on such a hot day with a big belly, and I don't blame you for winning or losing the lawsuit......" During the on-site investigation, Li Mouyi, an outsider to the case, helped me and said movingly.
The picture shows Judge Gong Qingna inspecting the site of the plot involved in the case
Ascertaining the facts and making the fair administration of justice "visible"
"The facts of the case can basically be ascertained, the land involved in the case was purchased by an outsider Li Mouyi from the defendant's father many years ago, and according to the law, the outsider's land use right can be excluded from the court's compulsory enforcement...... "I have a clear attitude." If the facts of the case are clear, we made a mistake in sealing, and those who should be unsealed should be unsealed! Li Yan, the head of the Executive Board, was resolute.
As an enforcement judge, it takes courage and determination to deny our own enforcement decisions and determine that our own enforcement actions are illegal.
"Isn't the person subject to execution (defendant) Yang serving a prison sentence, it's best to do an investigation with Yang to see what he thinks about this matter?" The presiding judge reminded. "It's inconvenient for you to get pregnant now, let the assistant go!"
"I know the most about this case, so I'll go to the director! You can send two assistants to protect me. "I'm joking with Director Li.
The time limit for the enforcement of the objection ruling was only half a month, and the time was urgent, so I said that I would leave, and the next day the judge's assistant and I rushed to the prison where the person subject to execution, Yang, was serving his sentence.
"I'm serving a prison sentence now, and I can't pay back the money I owe to Li Moujia, so I will earn money and pay it back slowly after I get out of prison. The land seized by the court is the old people's house left by my parents, not my land, and this land has long been sold to Li Mouyi in this village. In the prison reception room, the person subject to execution, Yang, said slowly.
At this point, the facts of the case were clear, and the collegial panel finally ruled to suspend the enforcement of the land involved in the case. After the court served the enforcement ruling on all parties, the applicant for enforcement did not file a lawsuit, and the parties stopped the lawsuit.
The search for the "truth" has always been on the road
"Presiding judge, our company believes that the vehicle insured by our company did not have direct contact with the plaintiff's vehicle, so the plaintiff's damage has no causal relationship with our company, and our company should not be liable for compensation, and requests the court to obtain the audio and video recordings of the accident and the interrogation records of the traffic police department in accordance with the law to ascertain the facts of the case and make a judgment in accordance with the law...... "This is the scene of the trial of a motor vehicle traffic accident liability dispute, and the request of the defendant insurance company is sincere and direct-" Find out the facts of the case and make a judgment according to law! This is not only a basic requirement for trial work, but also an ardent expectation of the parties involved in the case.
"Based on facts and taking the law as the criterion" has never been an abstract empty phrase. Whether it is a trial or an execution, ascertaining the facts and respecting the facts is a prerequisite for judges to make rulings in accordance with the law, and is also an inevitable requirement for judicial impartiality. As I step off the judging platform, I will continue to the next scene of investigation, whether it is a rural field, a business market, or a community village......