After a 1,109-kilometer, ten-hour drive, Liu Qi and Deng Jianxian, the executive judges of the Guangzhou Internet Court, set off early in the morning and arrived at Shimen, Hunan from Guangzhou, Guangdong as the lights were on.
The purpose of this trip is to "home visit" two young anchors who "played missing". Previously, the two anchors who had just reached adulthood were ordered by the court to pay a Guangzhou Internet company 500,000 yuan in liquidated damages due to breach of contract and job-hopping. However, the two ignored the judgment and failed to pay liquidated damages, and the case entered execution procedures. After the two "lost contact" for many days, in order to break the execution deadlock, the judge decided to conduct a "home visit" spanning thousands of miles.
It is reported that the Guangzhou Internet Court and the Guangzhou Municipal Committee of the Communist Youth League launched the "Bay Area Love Internet to Protect Youth" project to implement good-faith and civilized executions for young people subject to execution. Since the launch of this project, it has contacted 10,026 young people involved in Internet disputes, helped 1,755 young persons subject to execution get out of debt difficulties, and facilitated the settlement of executions in 1,254 cases.
Passive evasion of execution, parents became "shields"
In 2021, Liu Qi and Deng Jianxian respectively undertook two cases in which an Internet company in Guangzhou served as the applicant for execution. The persons subject to execution in the two cases, Xiaoqiu and Xiao Yuan, were both network anchors. When he was 18 years old, he signed a network anchor service contract with an Internet company in Guangzhou, and was later sued for breach of contract and jumping to other platforms for live broadcasting. The court finally ruled that the two's behavior constituted a breach of contract and they should each pay 500,000 yuan in liquidated damages.
Since both Xiaoqiu and Xiao Yuan failed to fulfill their financial payment obligations, the case entered execution procedures. The court froze their Tenpay and some bank accounts in accordance with the law, and sealed their accounts in Shimen County, Hunan Province and Jiayu County, Hubei Province. real estate.
At this time, Qiu's mother and Yuan's mother contacted the court in unison, and both told the court that "the son has just grown up and does not understand anything." They could only let the family handle the matter on their behalf and ask the court to mediate. However, because Xiaoqiu and Xiaoyuan blindly evaded execution and refused to face reality, the parties were never able to reach an agreement on the settlement amount, and the execution of the case reached a deadlock.
Liu Qi and Deng Jianxian were very puzzled by their resistance and avoidance, and at the same time they felt sorry for them. On the one hand, Xiaoqiu and Xiaoyuan have accumulated a certain reputation on the live broadcast platform at a young age, and each owns a real estate. They should have certain interpersonal communication and financial independence capabilities, so why are they unwilling to show up and express their opinions? On the other hand, they had just entered the society and it was a good opportunity to express their ambitions. They were both included in the list of dishonest people, their live broadcast work was completely stopped, and their properties were also faced with being auctioned off to pay off their debts. It was really not worth it.
After the two "lost contact" for many days, in order to break the execution deadlock, find out the true situation of Xiaoqiu and Xiaoyuan, and inspect the seized properties, Liu Qi and Deng Jianxian decided to conduct a "home visit" spanning thousands of miles.
The judge visited his home, and the confused young man confided his feelings
In the early morning of the next day, Liu Qi and Deng Jianxian arrived at Xiaoqiu's residence before work hours in order to see him in person. It was Qiu's mother who opened the door, while Xiao Qiu was still asleep.
Xiao Qiu walked out of the bedroom sleepily and was surprised to see the judge. "Since he was executed, he stopped broadcasting and refused to go out to find a job. He just stayed at home." Looking at her son who had not left the house for several months, Qiu's mother said anxiously and angrily.
Seeing the dejected Xiao Qiu, Liu Qi and Deng Jianxian immediately understood the reason, and then guided Xiao Qiu to sit down face to face, and patiently and carefully analyzed the current situation he had to face.
"After the case enters the execution procedure, the court may take different degrees of compulsory measures based on factors such as the application of the person applying for execution, the performance ability of the person subject to execution, and the attitude of cooperating with the execution. It is precisely because you have not declared your property and name to the court. You own real estate but do not fulfill the judgment obligations and do not submit a feasible repayment plan. This is a situation where you have the ability to perform but refuse to perform. Therefore, you are included in the list of dishonest persons subject to execution by the court. However, it does not deprive you of your right to work and receive labor remuneration. "It is very necessary to find a job to make money and actively fulfill repayment obligations." Deng Jianxian explained to him that execution, breach of trust and work are not inconsistent, and encouraged Xiaoqiu to find a job and return to society.
Hearing this, Xiao Qiu finally raised his head, with a glimmer of hope in his eyes, "Judge, I was very scared after being 'distrusted' by the court. I thought my life was over, so I cut off contact with the outside world. I was I want to repay the loan, but I don’t have so much money on hand, so what should I do...”
Seeing that Xiaoqiu’s attitude has gradually become more positive, Judge Liu Qi said sincerely: “Now that the dispute has occurred, escaping will not help. If it is difficult to perform the full amount at one time, you must actively negotiate with the person applying for execution to try to reduce or reduce part of the debt or repay it in installments, and work out a practical repayment plan based on negotiation between the two parties. Your parents can help you for a while, but they cannot help you. I. You have reached adulthood and have full capacity for civil conduct, so you should stand up and face it bravely."
Xiaoqiu finally took the initiative to "talk to the company" under the persuasion of the judge.
Next, Deng Jianxian guided Xiaoqiu to find the contact information of the person applying for execution. Xiaoqiu dialed the other party’s phone number for the first time after the case was adjudicated. "Hello, I am Xiaoqiu. Regarding the execution case that the company sued me for, I currently cannot afford 500,000 yuan in one go. But I have a house under my name. Can I repay it in installments? I can now repay it every month... …”
The two cases were reconciled, and the dishonest youth “returned” to society.
The next day, Liu Qi and Deng Jianxian went to Jiayu, Hubei Province without stopping, and found Xiao Yuan, who had almost the same experience as Xiao Qiu. After Xiao Yuan was restricted in height, defaulted on payment and had his account frozen, he traveled around doing odd jobs to make a living.
The difference from Xiao Qiu is that Xiao Yuan has lived with his mother in many places since he was a child. He has begun to bear the burden of the family at a young age. Being included in the breach of trust this time is a big blow to him.
"I didn't expect that the judge would come from Guangzhou to Jiayu for my matter..." Xiao Yuan was moved by the judge's explanation of the law and sincere advice, and felt warm in his heart.
Liu Qi looked at Xiao Yuan's immature face, "Although you have a house under your name, the real estate auction may reduce your rights and interests to a certain extent, and the process is cumbersome and may take a long time, which is not conducive to the person applying for execution. Quick realization of winning rights."
"Judge, I don't want to auction the property. I still have a certain repayment ability, and I am willing to repay it in installments!"
In the end, with the help of the court, Xiao Yuan and a Guangzhou Internet Co., Ltd. The company reached an installment settlement agreement.
At present, under the witness of Judge Liu Qi, Xiao Yuan has paid the down payment, the breach of trust and height limit measures have been removed, and Tenpay and related bank accounts have returned to normal use. In view of the fact that Xiao Yuan will no longer be able to bear large financial expenditures in the short term, the court decided to suspend the collection of execution fees in this case until he has settled all his debts.
On the other side, Xiaoqiu has also cheered up, worked actively, and repaid the loan seriously.
At this point, the applicant's right to win the lawsuit has been guaranteed, and the properties of the two persons subject to execution do not need to be auctioned. Both Xiaoqiu and Xiaoyuan have realized their problems and their lives have returned to the right track.
The judge reminded:
In the Internet era when short videos are popular, many anchors earn a lot of money, which has stimulated many young people to get involved in the anchor industry. The judge reminded that legal awareness and risk prevention awareness should not be diluted by the temptation of "huge profits". anchors should carefully review the contract text when signing a contract. If there is any dispute over important terms such as "liability for breach of contract", they should communicate in a timely manner to determine relatively reasonable relevant terms to avoid subsequent liability for breach of contract. In addition, young people should improve their independence and enhance their sense of responsibility. It is not advisable to "avoid" any disputes or habitually let their parents take the blame.
Text/Guangzhou Daily New Flower City Reporter: Charter Correspondent: Guanghu Xuan
Guangzhou Daily New Flower City Editor: Li Huiting
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