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00:00:37An accident caused a nine-year-old child to lose his father.
00:00:40After the
00:00:46accident was identified as work-related and labor arbitration was conducted, the compensation of more than one million yuan was delayed
00:00:50and not paid.
00:00:51The
00:00:56court enforced the execution, but found various abnormal behaviors from the company involved.
00:01:00Before the incident, this company was still operating normally. How
00:01:04could all its assets suddenly disappear
00:01:07and become unavailable? The attempt to evade execution failed.
00:01:11Today's Legal Talk
00:01:13will be broadcast soon.
00:01:20"I write this letter with immense gratitude for the timely inheritance.
00:01:23I extend my most sincere thanks to the People's Court."
00:01:27This is a letter written by a middle school student
00:01:31in Chongqing to the People's Court of Jiangjin District, Chongqing. The person who wrote the letter is
00:01:35Xiao Fu, who lives in Changshou District, Chongqing. Six years ago,
00:01:39Xiao Fu's father unfortunately passed away in an accident. After his father's
00:01:42death, Xiao Fu and his mother fell into hardship,
00:01:46and what made the mother and son even sadder was that after the incident, the compensation
00:01:50for the accident had been delayed and not settled. Hello,
00:01:54everyone, welcome to Today's Legal Talk. When his father had the accident,
00:01:57Xiao Fu was only nine years old. His father,
00:02:30A few years ago, Xiao Fu's parents divorced. Xiao Fu lived with his mother, Xu
00:02:34Fei. Xu Fei only learned that her ex-husband had an accident while working on a construction site
00:02:38when she received a message from her ex-husband's colleague. He was rushed to the hospital
00:02:41for emergency treatment. Shortly after receiving the news, Xu Fei
00:02:45rushed to the hospital.
00:02:46Xu
00:02:55Fei learned that on the day of the incident, her ex-husband was working at a construction
00:02:58site.
00:04:30We saved him for four months, but he still left us forever
00:04:34on October 22nd of that year. This news was like a bolt
00:04:37from the blue for our family. My dad is gone.
00:04:41He was the pillar of our family. My
00:04:44father is gone, but life must
00:04:48go on. At that time, Xiao Fu's grandparents were also
00:04:51no longer alive. Xiao Fu could only rely on his mother and his
00:04:55maternal grandparents.
00:04:56After
00:05:03understanding the situation, Xu Fei learned that her ex-husband had the accident
00:05:07while working for a local construction company.
00:05:09She
00:05:43applied for labor arbitration to the Chongqing Jiangjin District Labor and Personnel Dispute Arbitration Committee.
00:05:47After review, the arbitration committee made a decision
00:05:51that the construction company involved should pay Xiao Fu
00:05:54a one-time industrial injury supplementary allowance, funeral allowance, and
00:05:58dependent support allowance, totaling more than 1.12 million yuan.
00:06:02After deducting the 60,000 yuan already paid, it still owed
00:06:05more than 1.06 million yuan. She thought that with this arbitration award, the compensation
00:06:09issue would be resolved quickly. However,
00:06:34they can apply to the People's Court for compulsory enforcement. Then, Xu Fei applied for compulsory enforcement to the Chongqing Jiangjin District People's
00:06:38Court in Xiao Fu's name. After
00:06:40accepting
00:06:51Xiao Fu's application, the enforcement judge conducted a preliminary investigation
00:06:55of the construction company involved. He
00:06:58also couldn't find
00:07:05its corresponding business premises. The enforcement
00:07:09judge's investigation found that the address where the company previously operated was
00:07:13empty, and no one knew where it had moved. After that, they
00:07:17investigated the company's assets. The
00:07:20results of the preliminary investigation made the enforcement judge
00:07:28handling these cases feel
00:07:32somewhat anxious. Because the company had no assets that could
00:07:36be enforced, it meant that handling this case
00:07:39would be very difficult. At that time, I felt
00:08:32that the operating income was not entering the company's accounts. In the opinion of the enforcement judge, the company did this with ulterior motives, most likely to evade the accident compensation. After
00:08:36that, the enforcement judge conducted a more in-depth investigation of the company.
00:08:39They found another anomaly.
00:09:12The legal representative of the company was Feng's grandparents. During the
00:09:16investigation, the enforcement judge also found some abnormal
00:09:20information. The reason for the change was that
00:09:24the relevant shares were transferred, but we felt that the transfer price
00:09:28was very abnormal. The transfer price, under normal circumstances,
00:09:32should be a reasonable consideration. But in his transfer agreement,
00:09:35the transfer price was either 1 yuan or 0 yuan. We felt that this transfer
00:09:39price was obviously an abnormal transaction. Shortly
00:09:43after the incident, the company involved transferred its shares at a very low
00:09:47price, and at the same time changed its legal representative and
00:09:51shareholders. In the opinion of the enforcement judge, this was extremely
00:09:55abnormal. At that time, we judged that this company
00:09:58and its actual controllers might have
00:10:02deliberately evaded debt in some cases. In order to avoid actually bearing
00:10:06responsibility, they transferred their assets.
00:10:09However, at this time, the enforcement judge encountered a problem.
00:10:13At that time, the subject of the compensation obligation confirmed in the labor arbitration
00:10:17award we relied on was this construction company. And this
00:10:21construction company, through our investigation, From a legal perspective, in these cases, this company is the enforcement subject. The judge can only enforce the assets under the company's name.
00:10:29But
00:10:29currently, the company has no available assets, and the case has entered a deadlock.
00:10:38To cover the cost of the project,
00:10:47the escape of enforcement failed.
00:10:56Today's Legal Talk is being
00:10:59broadcast. The
00:11:03enforcement judge truthfully informed the applicant, Xiao Fu,
00:11:06and his mother, Xu Fei, of the situation. At first, Xu Fei
00:11:10found it difficult to understand.
00:11:22In Xu Fei's opinion, the bosses of this company were Feng and his wife.
00:11:26Why didn't the court take measures against Feng and his wife
00:11:30to enforce the assets under their names? The enforcement judge
00:11:34understood Xu Fei's thoughts. However, they also had
00:11:38difficulties, because the enforcement work must be carried out according to law.
00:11:41As the applicant for enforcement, she didn't quite understand.
00:11:45She felt that the actual person in charge of this company was Feng and his wife,
00:11:48so why didn't you enforce them? However, Feng
00:11:52and his wife, under the conditions at the time, were not the enforced persons
00:11:56in our case, or the legal representatives of the company. We could not take
00:12:00compulsory enforcement measures against them. Faced with
00:12:03this situation, Xu Fei and her son were very anxious. The enforcement
00:12:07judges were also anxious. We
00:12:11are also anxious. Because we clearly feel that they
00:12:14may be trying to evade subsequent enforcement measures,
00:12:18which is why they took these actions.
00:12:20The
00:12:25subsequent enforcement may become more difficult.
00:12:27Faced
00:12:31with the dilemma, the enforcement judges did not back down. They re-analyzed
00:12:35and deliberated the case carefully. They found
00:12:38a suspicious point. At that time, we suspected that
00:12:42Feng and his wife might not have actually contributed capital, so they transferred their shares
00:12:46to their grandparents. The enforcement judge
00:12:49retrieved the company's registration files and found that the company
00:12:53was established in 2019.
00:13:27in the name of the Jiangjin District People's Court to file a lawsuit, requesting to add Feng and Zheng as the enforced persons
00:13:31in this industrial injury compensation case.
00:13:35On November 2, 2022, the Chongqing Jiangjin District People's Court
00:13:38made a first-instance judgment, adding Feng and Zheng as
00:13:42the enforced persons in this industrial injury compensation case, jointly bearing supplementary
00:13:46compensation responsibility. After the company
00:13:49underwent compulsory enforcement, it had no assets.
00:13:52The company.
00:14:25On April 18, 2023, the Chongqing Fifth Intermediate People's Court
00:14:29made a final judgment, dismissing the appeal and upholding
00:14:32the original judgment. The Besonderheit of this case is that because he himself died after
00:14:36being injured, it led to the corresponding industrial injury compensation.
00:14:40So his applicant also involves his family members,
00:14:44which is actually the greatest protection of their rights
00:14:48in law. With
00:14:51the final judgment of the court, Xu Fei thought that the compensation matter,
00:15:25we found that Feng and Zheng's names no longer had
00:15:28any assets. We only legally
00:15:32froze and deducted one card under
00:15:36their names.
00:16:08Xu Fei considered more about her son's future. Usually, Xu
00:16:12Fei works outside, with a monthly income of more than 4,000 yuan. This income
00:16:16is enough to maintain the daily life of the mother and son for now. But
00:16:20when her son goes to high school and college later, Xu Fei feels that she
00:16:24may not be able to bear it.
00:17:00She had to work hard to raise me, and at the same time, she had to run around fighting for my dad's case. The
00:17:03enforcement judges of the Jiangjin Court deeply sympathized with Xu Fei and her son's situation.
00:17:07They also hoped to make every effort to help
00:17:11them. This case, its applicant for enforcement is a minor,
00:17:14and his father has passed away in an industrial injury
00:17:18incident.
00:17:20Study,
00:17:24work, and even normal life in the future.
00:17:27Extensive
00:17:33visits and in-depth investigations revealed the transferred assets
00:17:36one by one.
00:18:18The enforcement judge found that after the industrial accident occurred,
00:18:22in 2021, Feng spent over 2 million yuan to purchase an apartment.
00:18:25Feng
00:18:31transferred this apartment under his name to his father through a gift.
00:18:35Feng.
00:19:07Similar situations. In June 2022,
00:19:10Zheng, during the process of adding him
00:19:14as a party to the lawsuit, transferred two houses
00:19:18and a parking space under his name in the main urban area of Chongqing to a third party through a sale.
00:19:21This buyer was Feng's relative.
00:19:25After that, the enforcement judge went to the real estate transaction
00:19:28center to investigate Zheng's real estate transaction situation.
00:19:31We found that.
00:19:35During the lawsuit in which Xiao Fu added the two as enforced persons, the two separately transferred their assets to their relatives through gratuitous gifts and transfers. In the eyes of the court, Feng and Zheng's actions
00:20:33may have already constituted an offense. All the assets they had transferred
00:21:53were recovered and handed over to the court as the seized funds for the case,
00:21:57to be fully enforced. Under the
00:22:01deterrence of the law and the patient persuasion of the enforcement judge,
00:22:04Feng and his wife finally admitted that after the incident, they transferred
00:22:08the company and their respective assets with the purpose of
00:22:12evading accident compensation liability. They also realized their
00:22:16mistakes and each wrote a letter of repentance.
00:22:20On October 13, 2025, the enforced persons Feng and Zheng
00:22:23paid the remaining 1.01 million yuan to the applicant
00:22:27Xiao Fu. Considering that Feng and Zheng had already fulfilled
00:22:31their compensation obligations, the court did not further pursue their criminal
00:22:35responsibility. After the procuratorate was involved,
00:22:39it was determined that the enforced persons were first-time offenders
00:22:43who committed such acts, and at the same time, they showed sincere repentance.
00:22:46Moreover, the funds in this case have also been fully recovered.
00:23:20Considering that Xiao Fu is a minor, the court also specially prepared
00:23:24a notice on the protection of minors' property rights
00:23:27regarding the nature and use of this compensation.
00:23:31It clearly informed him of the nature and use of this compensation, so that
00:23:35Xiao Fu's mother can correctly manage and use
00:23:39this compensation well in her future life, and truly
00:23:43ensure that this compensation can be used for Xiao Fu's future
00:23:46life and studies. In
00:24:24recent years, Chongqing courts have adhered to coordinated control, established a mechanism for inter-departmental cooperation
00:24:28to solve difficult enforcement problems, and collectively solved key and difficult
00:24:31problems in public enforcement. Chongqing courts
00:24:35have cultivated and created a "finger-tip enforcement"
00:24:39and digital operation, accumulating and disclosing enforcement progress
00:24:43information to parties.
00:24:44As of
00:24:502025, Chongqing courts at all levels have directly handled
00:24:54347,000 cases, with an enforcement amount of
00:24:5751.311 billion yuan, effectively protecting
00:25:01the legitimate rights of applicants for enforcement.
00:25:03Today, our guest is Dr. Deng Li
00:25:07from the Institute of Law, Chinese Academy of Social Sciences. Hello, Dr. Deng.
00:25:11Dr. Deng, we saw that in the process of enforcing this case, the original shareholders of the company,
00:25:14in order to evade compensation liability, maliciously transferred assets. In fact, many
00:25:18enforcement cases now.
00:26:02If you deliberately execute a judgment that has already become effective, then they
00:26:06may be suspected of committing a crime and should be transferred to the public security organs for
00:26:10investigation. So, from this perspective, our underlying mechanism
00:26:14is relatively mature. The Supreme People's Court, while releasing typical
00:26:18cases, also pointed out that there are many mechanisms
00:26:21to carry out such sanctions. For example, they need to conduct
00:26:25network information matching and verification. For example, if this company
00:26:29is already in debt or has some litigation cases,
00:26:33but at this time, the shareholder couple wants to divorce, then it may be necessary to carefully
00:26:36determine whether it belongs to a situation of malicious debt evasion.
00:26:39That
00:26:42is what we just mentioned, if the enforcement court finds clues of illegal
00:26:46crimes during the enforcement process, it will transfer them to the public security department for investigation.
00:26:50Then, on the other hand, they also encourage and support
00:26:53bankruptcy administrators to carry out bankruptcy liquidation
00:26:57work according to law. So,
00:27:01all these indicate that there are now some behaviors of debt evasion.
00:31:35evening, esteemed audience. Good evening. Today is August 21st,
00:31:39Friday, the ninth day of the seventh lunar month. Welcome to watch.
00:31:42First, I will introduce today's
00:31:47main program content. General Secretary Xi Jinping emphasized that in development, security should be prioritized, and
00:31:51development should be sought within security. In the first year of the "15th Five-Year Plan," the Party Central Committee with Comrade Xi Jinping as the core coordinated
00:31:54the domestic and international two major situations,
00:31:58and