700,000 yuan in compensation not yet received, Jiang Qiulian applies for compulsory enforcement
[5] Compiled from: China Youth Daily, The Paper, Jimu News, Qingdao Evening News
Case review
[6] At noon on January 10, Jiang Qiulian, mother of Jiang Ge, said she inquired with the Chengyang District Court whether Liu Xin's compensation had been received. The court replied that a check showed it had not been received yet. "I checked the accounts, nothing received, and I have submitted an application for enforcement to the court," Jiang Qiulian said, adding that the review would be completed within seven working days.
Jiang Qiulian's attorney previously stated that according to legal provisions, Liu Xin must complete the compensation by January 9 (including that day), otherwise Jiang Qiulian could apply to the first-instance court for compulsory enforcement within two years starting from January 10.
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[1] The People's Republic of China
Civil Procedure Law
Article 249
If the person subject to enforcement fails to fulfill the obligations specified in the legal document according to the enforcement notice, the people's court has the authority to inquire with relevant entities about the person's property, including deposits, bonds, stocks, fund shares, etc. The people's court has the authority to seize, freeze, transfer, or sell off the person's property based on different circumstances. The property inquired, seized, frozen, transferred, or sold off by the people's court shall not exceed the scope of the obligations the person subject to enforcement should fulfill.
When the people's court decides to seize, freeze, transfer, or sell off property, it shall issue a ruling and send a notice of assistance in enforcement, and the relevant entities must comply.
[1] The author's perspective
Compulsory enforcement refers to a litigation activity in which the enforcement body of the people's court, in accordance with the procedures and methods prescribed by law, uses the coercive power of the state to compel the party with obligations to fulfill them when they refuse to do so, thereby realizing the content of an effective legal document. Previously, Liu Xin claimed financial hardship and inability to find a job, thus conducting an online "fundraising" for compensation. Netizens had mixed opinions on this behavior, and ultimately, Liu Xin's Weibo account was suspended, the collected funds could not be accounted for, and the matter fizzled out.
Now it appears that Liu Xin has indeed not complied with the judgment, whether due to financial difficulties or unwillingness to compensate. Since Jiang Qiulian has applied for compulsory enforcement, the court will next inquire about Liu Xin's property under her name. Once found, it will be subject to compulsory enforcement.