Traffic accidents lead to abortion into a vegetative state.
The case was executed by Jiang, a native of Shenzhen, Guangdong Province, who was doing business in Nanning. At about 2012 March 2 1 day 14, Jiang drove a Nissan Tiida car from east to west along Wuxiang Avenue. When going to the section in front of Qinglonggang Cemetery, the applicant Qin and her husband Xie were driving because they didn't follow the traffic lights and collided with an electric car crossing Wuxiang Avenue from north to south along the zebra crossing. The accident caused different degrees of damage to people and vehicles. Qin, who was pregnant for 7 months at that time, was hit into a vegetative state and had a miscarriage.
At that time, the case was tried by the Liangqing District Court, and it was decided that Jiang compensated the applicant for various losses totaling 1.3 million yuan. After the judgment came into effect, Jiang did not fulfill his compensation obligation according to law, but also played "out of thin air". In desperation, the victim's family applied to the court for enforcement.
In the execution stage of the court, the presiding judge found that Jiang had a set of real estate available for execution in Shenzhen through the investigation and control system, so he went to Shenzhen to inquire, evaluate and inquire about the real estate information and coordinate the auction with the local court. However, due to different local policies and other reasons, the local court could not conduct the auction.
There are many obstacles to the execution of judges.
Until August this year, the Liangqing District Court decided that the court would auction the property online. However, just as the racquet was ready, the Liangqing District Court suddenly received a letter of assistance from a court in Shenzhen, asking the Liangqing District Court to give priority to paying off Jiang's real estate in Shenzhen after auctioning it. It turns out that Zheng, as the mortgagee of real estate, has the priority to be compensated.
In this regard, the presiding judge looked through the case file and found that in the judgment of a court in Shenzhen, Zheng's priority payment was 6.5438+0.5 million yuan, and the time of mortgage was 2065.438+May 2002, which happened to be the second month after Jiang hurt Qin and his wife. It was also before the traffic police prepared to transfer the accident identification to the court that Jiang was suspected of transferring property and evading execution.
At the same time, Jiang's lawyer also suggested that this property is Jiang's only house in Shenzhen. Jiang asked the court to refer to the compensation standard for low-rent housing in Shenzhen, and to give priority to paying 900,000 yuan in compensation for low-rent housing for 8 years with auction money. However, the appraised price of the house is 2.4 million yuan. If the house is auctioned according to the appraisal price, it is very likely that there will be no remaining funds to pay off the compensation of the applicant Qin, and in the end, it will only be "a waste of time".