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北京高院:涉欠薪案件呈现“隐蔽式”多发、规避执行等现象
Xin Lang Cai Jing· 2026-02-05 12:01
近年来北京法院充分发挥司法审判职能作用,健全完善"立审执"全链条工作机制,依法加强调解工作, 有效采取执行措施,高效化解欠薪纠纷,及时维护劳动者合法权益。北京高院党组成员、副院长李艳红 介绍,涉欠薪民事、执行案件具有明显的民生保障属性,存在用工关系复杂、"隐蔽式"欠薪多发、执行 不能与规避执行并存等现象。 比如,用人单位通过单方变更绩效考核标准、择低计算加班工资、补贴冲抵基本工资、延迟工资发放周 期等手段,变相扣减、拖欠劳动者的工资报酬。 涉欠薪案件呈现"隐蔽式"多发、执行不能、规避执行等现象。 2月5日,北京市高级人民法院召开北京法院涉欠薪民事审判执行工作新闻发布会,展现北京法院司法治 理欠薪工作成效。 数据显示,2025年,北京法院共受理欠薪民事案件28597件,妥善审结27243件。执行到位金额9.5亿 元,采取限制高消费措施13817人次,纳入失信被执行人名单716人次。 前述发布会披露了4起涉欠薪案件执行工作典型案例。在一起案例中,涉案企业为逃避执行,选择利用 外省账户或个人微信转移经营收入的情况。 该案中,被执行人某公司因经营不善,长期拖欠19名员工的工资。经劳动仲裁后,案件进入执行程序。 执行过 ...
退渔还耕,2.45万亩盐碱地如何变良田?
Xin Lang Cai Jing· 2026-02-03 21:52
(来源:新华日报) 海事法院凝聚交叉执行合力,在盐城弶港滩涂现场挂图作战,稳慎推进662张虾棚有序拆除,妥善化解 涉养殖户纠纷。 俞经旻 摄 站在盐城弶港沿海这片滩涂上,执行法官们极目远望,成方连片的高标准农田呈现眼前。农田上麦苗露 出新绿,空气中弥漫着泥土与新苗的芬芳。 就在一年前,这里还是一片片坑坑洼洼的虾塘,养殖户们拒不腾退,亟待推进的盐碱地复垦整治项目阻 碍重重…… 662张拒拆的虾棚 冲突一触即发 上世纪90年代末,省属国企仓某公司在弶港沿海滩涂进行开发,形成约2.45万亩盐碱地。其后部分滩涂 盐碱地陆续发包给养殖户从事鱼虾等水产养殖。 为保障国家粮食安全,贯彻落实高标准农田建设的政策要求,"十四五"期间,弶港仓东片区这块2.45万 亩的滩涂盐碱地需要"退渔还耕",作为全省宜耕后备资源。 "集团把任务交给我们。今年是'十四五'收官之年,任务完成迫在眉睫。前期推进很顺利,没想到最后 卡在养殖户未依约返还的这443亩滩涂上,阻力很大,困难重重。"2025年10月,仓某公司总经理成小锋 回顾该案时说。 根据生效法律文书,养殖户赵某(化名)应向仓某公司交还滩涂443亩,但赵某未依约返还。2024年2 月,仓 ...
上海阿姨“躺在百万拆迁款上睡觉”咋回事?法官详解焦点问题
Yang Shi Wang· 2025-12-25 05:13
Core Viewpoint - The case of a woman in Shanghai, who allegedly hoarded over 2.8 million yuan in demolition compensation, highlights issues of family disputes, legal enforcement, and social psychology regarding compliance with judicial decisions [1][3]. Group 1: Legal Proceedings - The court ruled that the demolition compensation of over 2.8 million yuan should belong to the mother, as the daughter had not lived in the family home and had received government benefits elsewhere [3]. - After the ruling, the daughter refused to comply, which could lead to legal consequences such as judicial detention, fines, and credit penalties [3][4]. - The court had previously detained the daughter for her non-compliance, emphasizing the seriousness of her refusal to execute the court's decision [3]. Group 2: Enforcement and Discovery - The enforcement officers suspected that cash might be hidden at the daughter's home due to her frugal lifestyle and lack of significant expenditures, alongside evidence of large cash withdrawals [4]. - During the search, officers discovered over 2.4 million yuan hidden in various locations within her home, including under the bed and in boxes [1]. Group 3: Mediation and Resolution - Despite the successful enforcement, the court opted for mediation to promote family harmony, considering the daughter's care for her mother and the need for a peaceful resolution among siblings [6][10]. - The siblings agreed to forgo some interest on the debt, allowing the daughter to fulfill her remaining obligations and achieve a family reconciliation [7]. Group 4: Social and Judicial Implications - The case reflects broader social issues, such as the psychological state of individuals who resist legal authority, often driven by desperation or a misguided sense of entitlement [8][9]. - The court's approach balances strict enforcement with compassion, aiming to restore familial relationships while ensuring compliance with the law [9][10]. - The entire process from litigation to enforcement and mediation illustrates a judicial philosophy that prioritizes fairness, efficiency, and the well-being of the community [10].
镇江中院召开涉企执行发布会,35.62亿元执结款护航营商环境
Yang Zi Wan Bao Wang· 2025-12-24 11:51
Core Viewpoint - The Zhenjiang Intermediate People's Court is enhancing the legal business environment to support high-quality economic and social development through effective execution of enterprise-related cases [1][3]. Group 1: Execution Work Overview - In 2025, Zhenjiang Court concluded 8,306 cases where enterprises were the applicants, recovering 3.562 billion yuan [3]. - The court emphasizes a balance between "lawful enforcement" and "civilized execution," aiming to both realize creditors' rights and save enterprises [3]. - The court has implemented measures like "active sealing and active deduction" to minimize the impact of enforcement on normal business operations [3]. Group 2: Measures and Achievements - A total of 627 enterprises voluntarily fulfilled their obligations or reached settlements during the grace period under the credit punishment system [3]. - The court facilitated 2,796 enterprises to reach settlements with creditors through various methods, including installment payments and third-party funding [3]. - The court has successfully rescued 39 enterprises through bankruptcy reorganization and reconciliation procedures [3]. Group 3: Future Directions - The city courts will continue to implement higher court directives to optimize the legal business environment and enhance the execution of enterprise-related cases [5]. - The court plans to further standardize execution work for enterprise cases to provide high-quality judicial services that support economic development [5].
全国首例!法院联手京东平台,不上架拍品却上架了一份“和解协议”
Yang Zi Wan Bao Wang· 2025-09-23 07:04
Core Viewpoint - The case highlights an innovative approach to asset resolution through public disclosure of settlement agreements, which effectively avoids the negative impacts of auction processes and leads to a swift conclusion of a long-standing dispute [1][6]. Group 1: Legal Proceedings and Financial Obligations - In February 2015, a court ruled that a new materials company must repay a bank a principal amount of 170 million RMB and interest of approximately 7.89 million RMB [2]. - The company failed to fulfill its obligations, prompting the bank to seek enforcement through the court, which led to the involvement of a different court due to jurisdictional issues [2]. Group 2: Challenges in Asset Liquidation - The court's attempts to auction the collateral resulted in multiple failed attempts, leading to the termination of the enforcement process due to the inability to liquidate the assets [3]. - The bank subsequently transferred the non-performing asset to a state-owned asset management company, which sought to restart the enforcement process [3]. Group 3: Resolution Strategies - The court adopted a collaborative approach, facilitating negotiations between the parties to reach a consensus on the asset's value, ultimately leading to a settlement agreement in April 2025 [4]. - The settlement included a unique public disclosure clause, allowing for transparency and the opportunity for third parties to raise objections or make higher offers [5]. Group 4: Implications of the Settlement - The asset management company successfully publicized the settlement agreement, which, after a designated period without objections, allowed for the resolution of the case and the unfreezing of the debtor's assets [5]. - This case is noted as the first instance of a public disclosure of a settlement agreement on the JD asset trading platform, setting a precedent for future asset resolutions in a declining auction market [6]. Group 5: Judicial Perspectives - The execution judge emphasized the importance of transparency in asset disposal processes, noting that the public disclosure approach mitigated risks of undervaluation and potential loss of state assets [7]. - The case exemplifies a flexible and efficient method for resolving disputes, particularly in cases involving unique asset types or where parties are willing to negotiate alternative settlement terms [7].
杭州法院开展集中执行行动 单日执行到位2.39亿元
Zhong Guo Xin Wen Wang· 2025-09-16 13:17
Core Viewpoint - The Hangzhou court has launched a concentrated execution action named "Protecting Business - Kunpeng Execution 2025," successfully executing cases worth 239 million yuan in a single day, focusing on various types of cases including those related to people's livelihoods and enterprises [1][2]. Group 1: Execution Action Details - On September 16, the Hangzhou court mobilized 689 personnel, conducted investigations at 356 locations, detained 128 individuals, and reclaimed 74 properties, concluding 588 cases [1]. - The action targeted cases with small amounts, involving people's livelihoods, enterprises, and finance, employing various enforcement measures against non-compliant defendants [1][2]. Group 2: Execution Statistics and Performance - Since the beginning of the year, the Hangzhou court has concluded 81,435 cases, representing an increase of 86.6% year-on-year, with a total of 14.924 billion yuan executed [2]. - The court has also detained 2,599 individuals and seized 1,935 vehicles, with 221 cases referred to public security for suspected refusal to execute, marking a 33% increase [2].
努力将胜诉当事人“纸上权益”兑现为“真金白银”——访最高人民法院执行局副局长王富博
Zhong Guo Jing Ji Wang· 2025-03-08 03:02
Core Viewpoint - In 2024, the People's Courts are effectively addressing complex execution cases and long-standing historical cases through designated and elevated execution methods, aiming to convert the "paper rights" of winning parties into "real money," with a notable decrease in the number of individuals on the dishonesty list for the first time in ten years [1] Group 1: Execution Progress - In 2024, over 260,000 cross-execution cases were handled nationwide, resulting in substantial progress or resolution of 130,000 cases, with an execution amount exceeding 130 billion yuan [2] - The Supreme Court has conducted on-site research and tailored 32 cross-execution "health checklists" for various high courts, ensuring effective resource allocation and addressing local protectionism [2][6] - The execution environment has significantly improved, with a number of cases being held accountable [3] Group 2: Execution Statistics - The execution work in 2024 is characterized by "two decreases and two increases": the number of first-time execution cases and individuals on the dishonesty list both decreased, while the execution rate and actual execution amount increased [4] - Over 8.8 million first-time execution cases were accepted, showing a decline of over 6%, while the number of individuals on the dishonesty list decreased by over 20% [4] Group 3: Civilized Execution Initiatives - The courts have been promoting a civilized execution approach, focusing on distinguishing between dishonesty and "inability," and implementing systems for credit repair and warnings [5] - In 2024, 2.457 million new individuals were added to the dishonesty list, a decrease of 23.4%, while 2.821 million individuals successfully returned to the market through credit repair, an increase of 35.4% [5] Group 4: Collaborative Measures - The Supreme Court has expanded its collaborative efforts with 13 central ministries to enhance execution capabilities, achieving over 10 breakthroughs in locating individuals and assets [6] - A total of over 100 joint punitive measures against dishonest individuals have been implemented, with significant progress in the construction of a credit supervision and warning mechanism [6]