People's Procuratorate of Wuhe County

written suggestion from prosecutorial organizations

Five procuratorial and civil (administrative) supervision [2020]34032200002 number

Kong It is believed that the People's Court of Wuhe County shall execute the contract between Wuhe County and Wuhe County ** town ** Disputes over unjust enrichment of village committee（ two thousand and nineteen ）Anhui 0322 Enforcement one thousand one hundred and thirty-eight There is an illegal situation in case No. 1 , apply to the Court for supervision. The case has now been examined and concluded.

It is found that: Kong And Wuhe County ** town ** Village Committee ( hereinafter referred to as ** Village Committee ) Case of unjust enrichment dispute ， two thousand and nineteen year two month twenty-one The People's Court of Wuhe County（ two thousand and nineteen ）Anhui 0322 early years of the Republic of China five hundred and sixty-seven No. civil judgment, decree: I. Defendant ** The village committee returned grain subsidies to Kong fourteen thousand two hundred and ninety-two Yuan, after the judgment takes effect ten Pay off within the day; 2、 Reject the plaintiff Kong's other claims.

After the judgment takes effect, ** The village committee did not perform its duty of judgment. Hole He submitted an application for compulsory execution to the People's Court of Wuhe County. The hospital two thousand and nineteen year six month fourteen Hitachi case, executive case No.: （ two thousand and nineteen ）Anhui 0322 Enforcement one thousand one hundred and thirty-eight number 。 two thousand and nineteen year six month fourteen The court informed the person to be executed ** The village committee mailed it Execute the notice and order to report property, and order ** Village Committee Fulfill the obligations specified in the judgment. two thousand and nineteen year ten month seventeen The People's Court of Wuhe County made（ two thousand and nineteen ）Anhui 0322 Enforcement one thousand one hundred and thirty-eight No. enforcement ruling, ruling to deduct the person to be executed ** Funds of village committee fourteen thousand five hundred and thirty-six Yuan. On the same day, the executor of the People's Court of Wuhe County, together with the notice of assistance in execution, sent ** Query of Town Finance Office ** The account information of the village committee was not found, and the receipt of the notice of assistance in execution was marked with "Refusal to provide account number".

In addition, the Court has issued a report to Wuhe County ** Investigated and verified by the Town Finance Office, Wuhe County ** town ** The village committee has a deposit account in Wuhe Rural Commercial Bank , There is still a balance in the account one hundred and twenty-two thousand seven hundred and thirty-one point two seven element , Enough to pay for the execution of the case.

The Court believes that the People's Court of Wuhe County is implementing the policy of Kong and Wuhe County ** town ** In the case of unjust enrichment dispute of village committee Failure to take necessary enforcement measures according to law 。 The reasons are as follows.

According to Article 244 of the Civil Procedure Law of the People's Republic of China, "The people's court has the power to seal up, detain, freeze, auction or sell off part of the property of the person subjected to execution that should perform his obligations if the person subjected to execution fails to perform the obligations specified in the legal document according to the execution notice." In this case, after investigation by the court, ** town ** If the village committee has an account in Wuhe Rural Commercial Bank and there is still enough balance in the account to pay the execution money, the people's court should take the execution measures in time to protect the legitimate interests of the parties.

in summary, The People's Court of Wuhe County is implementing Kong and Wuhe County ** town ** Disputes over unjust enrichment of village committee There is a situation that the necessary enforcement measures are not taken according to law in the case. Upon the decision of the Procurator General of the Court and in accordance with the provisions of Article 235 of the Civil Procedure Law of the People's Republic of China, the Procurator General hereby puts forward procuratorial suggestions, suggesting that: In accordance with the law, timely ** town ** The account balance of the village committee shall take enforcement measures to protect the legitimate interests of the applicant for enforcement.

Please give a written reply to the Court three months after receiving the procuratorial proposal.

Sincerely

People's Court of Wuhe County

two thousand and twenty year five month twenty-six day