The President Of Henan Xiayi Court Visited The Garment Factory For Investigation

In recent years, small and micro enterprises in Xiayi County, Henan Province have mushroomed, forming a local economy characterized by garment processing and export, lighter assembly, mushroom production and processing, pig iron casting, and greenhouse vegetable and meat poultry breeding. However, the difficulty in enterprise financing that began last year also affected many small and micro enterprises in the county.

"To promote the healthy development of small and micro enterprises is the duty of the judicial organ. Actively carrying out the joint debugging work of supporting small and micro enterprises is also the concrete embodiment of the court's promotion of local economic development through trial and participation in social management innovation." Lin Yunsheng, president of the People's Court of Xiayi County, said. To this end, the Institute cooperated with the local credit union to actively carry out joint debugging for small and micro enterprises and found a way of "win-win joint debugging".

Lin Yunsheng, president of the court of Xiayi County, came to clothing The processing plant conducted a survey on the joint commissioning of the court and financial institutions to support small and micro enterprises.

Small and micro enterprises need funds urgently

In January 2011, when the court of Xiayi County was hearing a loan case, the defendant Liu came to the court and poured bitterness on the judge.

It turned out that Liu had built four vegetable greenhouses in his contracted responsibility field, with a total investment of nearly 200000 yuan, including 50000 yuan from the local credit union.

However, it soon ran into a financial crisis. Vegetables were unsalable, and the bank was unable to repay the loans that were due. The bank was forced to file a lawsuit in court.

Liu said to the judge, "Don't mention the repayment of the loan now, but life is difficult. I hope the court will tell the Credit Union to see if it can postpone the repayment period."

Liu's words caused the undertaker judge to think: the vegetable greenhouse has a development prospect. If he is forced to repay now, although he is working in accordance with the law, Liu is really unable to repay the loan because of the unsalable vegetables, unless the vegetable greenhouse is sold. The result of doing so is to kill the greenhouse and destroy all the hopes of a family.

So, can we adopt a method that not only allows the vegetable greenhouses to develop, but also does not allow the credit union to suffer losses?

The judge in charge told the President Wang Weidong about this idea. After receiving support, he went to Liu's vegetable greenhouse with the leaders of the Credit Union to "find a way".

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Seeing that the vegetables in Liu's greenhouse are growing well, but it is difficult to sell them temporarily, the leaders of the Credit Union understood the intention of the judge and immediately agreed to postpone the repayment of the loan.

Just after the Spring Festival in 2012, Liu came to the court to thank the judge.

He said: "During the Spring Festival, the price of vegetables rose, and the vegetables in the greenhouses sold at a good price, with a net profit of more than 80000 yuan. He repaid the loan of the credit union in full, and bought a truck to expand business."

It is reported that since the beginning of 2011, the court found in the hearing of financial cases that many small and micro enterprises were sued to the court because they had just started and could not repay the loans due on schedule. A considerable number of them were entrepreneurial, innovative and labor-intensive small and micro enterprises, and their biggest difficulty was lack of funds.

If we don't make any distinction, we will make a decision to let these small and micro enterprises repay their loans. For them, it would be like taking drastic measures. The result may be that the enterprise cannot produce after paying the arrears, or the enterprise goes bankrupt after selling the plant and equipment. This outcome not only affects the development of local economy, but also goes against the original intention of financial institutions to support the development of enterprises with funds.

Court and finance "go hand in hand"

In order to ensure financial security, protect the healthy growth of small and micro enterprises, and further promote the development of local economy and social stability, after many field investigations and studies by the court and the credit union, the two countries jointly issued the "Memorandum on Supporting Small and Micro Enterprises in Pre litigation Joint Commissioning".

According to Lin Yunsheng, the memorandum mainly focuses on small and micro enterprises with development prospects. Before the case is filed, the pre litigation review is carried out, that is, the credit union will submit the small and micro enterprises to be sued to the financial court for review, and the judge will guide the credit union personnel to participate in the mediation work.

If an agreement is reached through pre litigation mediation, it will become legally effective after judicial confirmation, and the mediation plan will be given enforcement force without any charge.

In the trial, the mediation was strengthened, and security measures were carefully used for small and micro enterprises. In the process of implementation, on the premise of ensuring financial security, we will do our best to implement reconciliation, leaving room for development for small and micro enterprises.

In December 2011, Mr. Li, the head of a lighter assembly plant in Huiting Town, presented the banner with the words "fair justice, service enterprises" to the court.

It turned out that the enterprise had difficulty in capital turnover and was unable to repay the due loans. The Credit Union intended to sue to the court.

When examining the case, the court did not immediately file the case, but went to the factory with the staff of the Credit Union to learn about the production situation.

Subsequently, the court facilitated the credit union to reach an installment agreement with the lighter assembly plant, and upon the application of the credit union, the court made a judicial confirmation.

When Li came to the court to receive the judicial confirmation, he hurriedly paid for the legal fees, but was told that legal fees would not be charged according to the law. Li said in surprise: "It's the first time I heard that the court will not charge legal fees for hearing cases."

Active justice is timely

It is understood that the "memorandum" benefits far from these small and micro enterprises.

Director Yang of the Credit Union of Xiayi County has a deep understanding of this: "Financial institutions not only support enterprises with development potential, but also ensure the safety of financial funds; at the same time, because most of these small and micro enterprises are labor-intensive enterprises, helping them develop healthily also increases employment opportunities for local people."

"This initiative is a concrete manifestation of the implementation of the educational activity themed 'People's Justice for the People', and also a concrete embodiment of strengthening and innovating social management," said Lin Yunsheng.

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On the morning of June 16, three people came to the farm in Xulou Village, Qihe Township, the county. They were Zhang Yan, the president of the court, a policeman and Zhang Director of the credit union. Xu thought that it must be because he did not perform the mediation statement and the court came to enforce it.

Zhang Yan, however, told Xu that it was very hot, and when she learned that the selling price of live chickens was low, she promptly communicated with the credit union. After consideration, the leaders of the Credit Union are willing to give him another two months' delay.

On hearing this, Mr. Xu was moved and said: "I promised to repay the money in court, but I couldn't repay it on time. I feel sorry for the judge. The market price is really too low. As soon as the weather turns cold, the price will rise. The court put itself in my shoes, which is really unexpected."

"You really have to thank Chief Justice Zhang Yan for this matter. If we fail to perform the mediation statement when it is due, we have the right to apply to the court for enforcement. According to the current market price, all your chickens have been sold out, and we still have not paid off the loan principal and interest of our credit union." Director Zhang's words made Xu nodded straight, unable to speak.

Weng Xiance, member of the Standing Committee of the County People's Congress and director of the Henan Public Servant Law Firm, was deeply touched by this. He said: "The joint mediation of the county court and financial institutions on enterprise loan cases is a successful attempt of the hospital's social management innovation, which has saved many enterprises with difficult capital turnover."

"Small and micro enterprises are now generally facing financing difficulties. We will build a platform for them from the perspective of justice, and create conditions for enterprises to get out of difficulties through 'more coordination, less coercion'. Next, we will further innovate ways, improve judicial initiative, and fully promote the healthy and sustainable development of small and micro enterprises according to law." Zhang Yunpeng, vice president of the Academy, introduced.

According to statistics, in 2011, the court heard and executed 872 cases involving small and micro enterprises' lending, involving nearly 100 million yuan as the object of the case. Many enterprises passed the "joint debugging" of the court and survived the financing difficulties. In the first half of this year, more than 200 lending cases involving small and micro enterprises have been concluded, helping these enterprises get through the financial difficulties.