Good Faith and Civility in Enforcement to Facilitate Settlement Between Parties

Updated:2024-03-15 Views:40

The Enforcement Department of Guangzhou Maritime Court recently received a pennant from applicants for enforcement, Guan Xxi and Guan Xping. Adorned with the glittering words “Justice for the People, Enforcement with Efficiency”, the pennant expressed the applicants’ sincere gratitude to the Enforcement Department for its efficient and standardized enforcement. The successful closure of this case not only exemplifies the impartiality and majesty of the law but also showcases the efficiency and compassion that the court has demonstrated throughout the enforcement process.

The case involves the dispute over the liability for personal injury at sea. The applicants, Guan Xxi and Guan Xping entered into a dispute with the respondent subject to enforcement, Tan X, over aquaculture waters. Their dispute later escalated and eventually led to fistfights, resulting in the injury of Guan Xxi and Guan Xping and their subsequent hospitalization for treatment. The court of first instance ruled that Tan X should be liable for 70% of the compensation. Not satisfied with the first-instance judgment, Tan X appealed against it. The original judgment was upheld in the second instance. Consequently, Guan Xxi and Guan Xping applied to Guangzhou Maritime Court for compulsory enforcement.

Cai Xihong, an enforcement officer of Guangzhou Maritime Court, confessed that he faced quite a challenge when handling this case. To facilitate the enforcement, Cai Xihong tried to contact Tan X many times via phone but was unsuccessful. Despite the difficulty in locating Tan X, Cai Xihong did not give up. Instead, he visited the village where Tan X was living, conducting a thorough investigation and posting enforcement notices, in an effort to obtain updated information about Tan X.

Guangzhou Maritime Court also acted promptly by requesting Yangjiang Municipal Public Security Bureau to seize a vehicle under Tan X’s name based on the mechanism of locating individuals and seizing vehicles. This action did produce a notable effect, forcing Tan X to contact the enforcement officer on his own, confiding his financial difficulties and dissatisfaction with the judgment. As such, the enforcement officer, Cai Xihong, patiently explained the law to Tan X, guiding him to recognize his faults. Eventually, the parties involved in the case reached a settlement, whereby Tan X agreed to fulfill his compensation obligations in installments.

Following the principle of Good Faith and Civility in Enforcement, Guangzhou Maritime Court decisively took enforcement measures and effectively facilitated settling the case. This has not only protected the party subject to enforcement from having his vehicle auctioned but also safeguarded the rights and interests of creditors, thereby achieving a win-win outcome. Thanks to the court's professionalism and wisdom, the enforcement has brought about a sense of fairness and justice among the people.

Guangzhou Maritime Court has continuously enhanced the quality and efficiency of its enforcement in recent years. In 2023, it ranked among the Top 5 courts in Guangdong province in terms of various quality and efficiency indicators, such as the closure rate of the first enforcement cases, the rate of actually closed cases with complete procedures, the rate of cases with effective enforced value, and the average time taken to close a case. By driving the high-quality development of the enforcement work, Guangzhou Maritime Court's efforts have been greatly appreciated by the applicants for enforcement. Such efforts have also underscored the positive role that the court plays in maintaining harmony and stability in society.