Wu Yanyan (right) and others are analyzing the case to find a breakthrough.

"The first execution payment of 100000 yuan has been received, and the delivery of two houses is also under negotiation. At the beginning, I came to the procuratorate with a trial attitude, but I didn't expect the effect to be so good." On July 20, Mr. Zhou, the person who applied for the execution supervisor, called Wu Yanyan, the case undertaker and deputy chief procurator of the Luyang District Procuratorate in Hefei, Anhui Province. His words could not hide his excitement.

A good friend has had a dispute for many years

Dai and Zhou have been friends for many years, and their relationship has always been good. In 2014, due to the need for funds for business, Dai borrowed 1.6 million yuan from Zhou for a period of one year and agreed on the interest. However, due to the default of the invested party of the project funds, Dai's funds could not be returned, and the loan owed by Zhou could not be repaid on schedule. As of December 1, 2016, it still owed a principal of 1 million yuan and an interest of 150000 yuan.

On December 10, 2016, Mr. Zhou signed a Loan Guarantee Contract with Mr. Dai and an Anhui Industrial Co., Ltd. (hereinafter referred to as the Industrial Company) in which Mr. Dai shares, confirming the fact that Mr. Dai borrowed 1 million yuan from Mr. Zhou, and agreed to repay all principal and interest before January 10, 2017; The industrial company, as the guarantor, shall bear the joint and several guarantee liability for the principal and interest of the loan.

However, to Zhou's disappointment, Dai still failed to repay on schedule after the agreed repayment period expired. As a result, Zhou took Dai and the industrial company to court with a petition. During the hearing of the case, the court presided over the mediation, and the two parties reached an agreement: Dai will repay all the principal and interest of the loan before July 31, 2017.

Apply for procuratorial supervision

After the mediation statement came into effect, the other party repaid 60000 yuan in two installments under Zhou's repeated reminders, and never paid back the money again. In May 2017, Zhou applied to the court for enforcement. In the past year, the amount owed by Dai has not been fully implemented.

"I heard that the procuratorate can supervise the court's implementation, so please help me. This is the application for supervision of civil implementation, the mediation agreement of the court..." On May 3, 2018, Mr. Zhou took out the prepared materials to apply to the Luyang District Procuratorate for supervision of civil implementation. The Luyang District Procuratorate accepted the case, and Wu Yanyan, the Deputy Procurator General, was responsible for undertaking the case.

"Before I came to the procuratorate, I worked in the civil trial chamber and the executive bureau of the court for many years, and I was well aware of the difficulty in handling the implementation process of civil debt dispute cases. I hurried to carry out supervision, which may not be able to achieve good results." After carefully reviewing all the materials, Wu Yanyan had a general idea of the case, but what was the specific situation, Detailed investigation is needed.

By sending a written letter of investigation to the court, accessing the file, and communicating with the case handler in person, Wu Yanyan learned that although there was a certain delay in the handover of the case due to the resignation of the original case handler during the execution of the case, and Dai was not included in the list of dishonest persons by the court, the court also carried out enforcement actions against Dai for many times, However, Dai did not have any property to enforce, which led to Zhou's legitimate rights and interests could not be protected.

Legal and procuratorial work together to solve the implementation problem

"Is there really no way?" Wu Yanyan thought about it and decided to go both ways. On the one hand, it is suggested that the court should, in accordance with the law, include Dai in the national list of dishonest persons, restrict their entry and exit and high consumption, and form a legal deterrent; On the other hand, contact Dai directly to see if you can find a breakthrough to solve the problem.

"We have been friends for many years. To be honest, I don't want to make things like this. I have been actively raising money to repay. But my property has been sealed up by other district courts because of other debt disputes, which is really difficult now. Two years ago, I took over a project in Guizhou, but the real estate developer owed me a lot of project funds, which were offset by houses. " When asking, Dai Mou with a haggard face sighed and said.

"How many houses offset the project funds? How much is it probably worth?" Wu Yanyan was dazzled by the unexpected harvest.

"There are still two houses left, and the developer priced 65 million to offset my project payment. In March this year, I listed these two houses in the name of Mr. Zhou's husband at the developer's office in order to repay the arrears. Maybe it's because the distance is too far, and the price has not been agreed. So far, the property transfer procedures have not been handled, nor has it been explained to the court in a timely manner."

"After all, it is far away from Guizhou. It takes time, effort and money to check and accept the house, handle the transfer formalities, and find an intermediary to sell the house. You should also consider the difficulties of others. If you can make a concession in price, you should make an appropriate concession. On the other hand, if you pay off the debt, you will no longer be an "old rascal". You will not have to waste energy on lawsuits. You can do business and make money wholeheartedly. Isn't it the best of both worlds? " Wu Yanyan's words made Dai nod frequently.

Later, Wu Yanyan communicated with the court undertaker again and formed a basic solution. Through joint efforts of the procuratorate and the law, on July 9, 2018, under the auspices of the court, Zhou and Dai reached an implementation settlement agreement. The two parties agreed that the two properties were priced at 900000 yuan to offset the arrears, and the relevant property online signing procedures were completed as soon as possible. The remaining arrears were paid in four installments before December 15 this year.

"Supervising civil enforcement activities is the power conferred by the law on procuratorial organs, but it cannot be used 'willfully'. While supervising the court's standardized enforcement activities, we should try our best to help solve the problems encountered in the implementation process and achieve win-win results." Wu Yanyan said.