Recently, the China Judgment Documents Network published the enforcement ruling of Xu Zongheng of the Zhengzhou Intermediate People's Court.The enforcement ruling shows that Xu Zongheng, the former mayor of Shenzhen, who is serving his sentence in Qincheng Prison, is on the Laolai blacklist and is included in the list of dishonest persons subject to execution.Xu Zongheng was sentenced to death in 2011 for the crime of accepting bribes, with a two-year reprieve, deprived of political rights for life, and confiscated all personal property.

In the photo, Shenzhen Mayor Xu Zongheng (first from left) and Deputy Mayor Lu Ruifeng (first from right, deposed) issued donation certificates to Wang Shi (middle), representative of Shenzhen real estate company Vanke Real Estate.

Xu Zongheng (data map)

According to a Xinhua News Agency report in May 2011: Zhengzhou Intermediate People's Court found through trial that, from 2001 to 2009, Xu Zongheng used his positions as a member of the Standing Committee of the Shenzhen Municipal Committee of the Communist Party of China, Minister of Organization, Deputy Secretary of the Municipal Party Committee, Executive Deputy Mayor of the Shenzhen Municipal People's Government,The mayor's position is convenient, and he seeks benefits for nine units or individuals including Shenzhen Shunjia High-tech Materials Co., Ltd. and Yu Weiliang, the former secretary of the Longgang District Party Committee of Shenzhen City, in changing land planning, contracting projects, and job promotion.The total amount of property given by relevant personnel is equivalent to more than 33.18 million yuan.

After the incident, all the stolen money and stolen goods have been recovered.

The Zhengzhou Intermediate People's Court held that Xu Zongheng, as a state employee, took advantage of his position to seek benefits for others and illegally accepted other people's property, which constituted the crime of accepting bribes.The amount of bribes Xu Zongheng accepted was particularly huge, and the circumstances were particularly serious.

In view of the fact that Xu Zongheng voluntarily confessed some facts about accepting bribes that the relevant departments did not know after the incident, he had confessed circumstances, had a good attitude of pleading guilty, and all the stolen money and goods have been recovered, and the death penalty may not be executed immediately.

This time, the enforcement ruling published by China Judgment Documents Network shows that the Zhengzhou Intermediate People's Court proposed that the criminal judgment made in 2011 has taken legal effect regarding the execution of Xu Zongheng's property confiscation case.

Because Xu Zongheng, the person subject to execution, failed to fulfill the obligations determined in the effective legal documents, the Zhengzhou Intermediate People's Court took the following enforcement measures:

1. On July 13, 2017, the execution notice and property reporting order were issued to Xu Zongheng, who is serving his sentence in Qincheng Prison;

2. On July 18, 2017, the property of the person subject to enforcement was inspected and controlled through the general investigation and control system of the Supreme People's Court. After inquiring about the bank account, securities account, vehicle, and real estate information of the person subject to enforcement, it was found that the person subject to enforcementThere is RMB 3585.52 in the account, and no other property available for execution has been found;

3. On July 20, 2017, 3,585.52 yuan in the bank account of Xu Zongheng, the person subject to execution, was frozen through the general investigation and control system of the Supreme People's Court, and was deducted and transferred on August 9, 2017, and turned over on August 17, 2017Treasury;

4. Went to Qincheng Prison of the Ministry of Public Security on December 20, 2017, and the staff of Qincheng Prison handed over the execution notice and property report order to him;

5. On January 29, 2018, I went to Shenzhen Real Estate Registration Center to inquire about the real estate under Xu Zongheng's name, and found a house under his name, which was sealed up on January 30, 2018;

6. The Court intends to publicly auction the seized real estate to the public. Considering that the real estate is located in the Shenzhen Municipal Government Family Court, it sent a letter to the Shenzhen Municipal Administration of Government Affairs to solicit its opinions on June 25, 2018.

On July 5, 2018, the Shenzhen Municipal Administration of Government Affairs stated in a letter that the real estate is a provincial and ministerial-level cadre housing concentratedly built in Shenzhen.The public auction will be implemented in accordance with the relevant regulations after the promulgation of relevant regulations;

7. On July 16, 2018, the person subject to enforcement, Xu Zongheng, took measures to limit high consumption, and once again initiated a general inquiry, and found that the person subject to enforcement had no property available for execution;

8. On July 17, 2018, Xu Zongheng, the person subject to enforcement, was included in the list of dishonest persons subject to enforcement; up to now, the amount of RMB 3,585.52 yuan has been executed, and a set of real estate under the name of the person subject to enforcement Xu Zongheng cannot be disposed of temporarily.

The Zhengzhou Intermediate People's Court stated: According to Article 257 of the Civil Procedure Law of the People's Republic of China and Article 519 of the Interpretation of the Supreme People's Court on the application of the lt;Civil Procedure Law of the People's Republic of Chinagt;As follows:

Terminate this execution procedure.If it is found that the person subject to execution has property available for execution, the execution may be resumed.The content of the above-mentioned enforcement ruling can be summarized as follows: Xu Zongheng failed to fulfill the confiscation of all personal property in the judgment. Therefore, the Zhengzhou Municipal Intermediate People's Court took a number of measures and found that Xu Zongheng had a deposit of more than 3,000 yuan.A set of real estate.

The deposit of more than 3,000 yuan has been turned over to the state treasury; the real estate cannot be disposed of temporarily.At the same time, the Zhengzhou Intermediate People's Court took measures against Xu Zongheng to limit high consumption and include him in the list of dishonest persons subject to enforcement.

The China Enforcement Information Disclosure Network also shows that Xu Zongheng was on the list of untrustworthy persons subject to enforcement on July 17 this year. He has the ability to perform the obligation to confiscate all personal property determined by the effective legal document, but refuses to perform the obligation determined by the effective legal document.

Ruan Qilin, a professor at the China University of Political Science and Law, said in an interview that in order to solve the difficult problem of enforcement, the Supreme Court launched in 2016 the publication of the list of dishonest persons subject to enforcement, commonly known as Lao Lai, and other measures, which have achieved good results in judicial practice.

However, the publication of the list of dishonest persons subject to enforcement is generally aimed at civil cases. When the Supreme Law issued some regulations on the publication of information on the list of dishonest persons subject to enforcement on November 7, 2016, it also mentioned:Obligations established in legal documents, to promote the establishment of a social credit system, these regulations are formulated in accordance with the provisions of the Civil Procedure Law of the People's Republic of China and in light of the actual work of the people's courts.

Therefore, in judicial practice, it is rare to include persons subject to execution of property punishment in criminal cases on the list of dishonest persons subject to execution.

Ruan Qilin said that according to the relevant regulations on the joint punishment of dishonest persons subject to enforcement, Lao Lai will be supported by restricted subsidy funds and social security funds.Purchasing real estate and state-owned property rights transactions, restricting children from attending high-fee private schools and other punishments. These punishments are mainly aimed at Lao Lai who are still active in social life, and have little impact on criminals serving sentences in prisons.

Ruan Qilin believes that Xu Zongheng was sentenced to death in 2011 with a two-year reprieve.The execution ruling shows that on July 13, 2017, an execution notice was issued to Xu Zongheng, who is serving his sentence in Qincheng Prison, which means that Xu Zongheng has been commuted.

According to the law, if criminals earnestly abide by the prison regulations, receive education and reform, and show repentance or meritorious service during their sentence, their sentences can be commuted.

However, in judicial practice, some judicial organs have established a mechanism that correlates the performance of criminal property sentences with commutation and parole.Other property punishments shall not be granted commutation and parole.

Therefore, according to the above-mentioned ruling of the Zhengzhou Intermediate People's Court, Xu Zongheng has the ability to perform but refuses to perform, then his future commutation and parole will be affected.

Political writing/Wang Shu, He Qiang, proofreading: Wang Xin