Zhang Mou Lawsuit Liaozhong County [Company Name] Transportation Co., Ltd.

Dispute over a Third Party’s Objection to Enforcement Proceedings

   [Keywords] Civil / Third-party objection lawsuit in enforcement proceedings / Fuel subsidy for operating vehicles Ownership of the item / Is it a civil case? Trial Scope / Is it sufficient to exclude enforcement measures?

【Key Points of the Ruling】 Urban and rural roads Special Funds for Subsidies on Passenger Transport and Refined Oil Prices (hereinafter referred to as) “ Fuel subsidy funds ” ) system By the central authorities Finance Budget allocation, Used for A special fund established to offset the increased fuel consumption costs incurred by urban and rural road passenger transport operators due to adjustments in refined oil prices.

For contracting 、 Individual For vehicles operated through such methods, fuel subsidies should be distributed to each individual vehicle. Not allowed Put to other uses. The third party, Zhang, will... The vehicle is registered under the name of the judgment debtor. Liaozhong County [Company Name] Transportation Co., Ltd. (Hereinafter referred to as “ Liaozhong County [Company Name] Transportation Co., Ltd. ” ) Operate under its own name, And The vehicle purchase price has been actually paid, and it is actually in use. Operating vehicles , actual expenditures on refined oil products, Should be Actual oil users and owners of fuel subsidy funds; Meanwhile, the judgment debtor, Liaozhong County [Certain] Transportation Co., Ltd., is merely... Accepting the government’s entrustment to act as custodian and distribute fuel subsidy funds, Not the actual oil user And the owner of the fuel subsidy funds.

Zhang Mou Entities entitled to claim fuel subsidy payments, Sufficient to rule out The executing court in Transportation Management Department Registered against the judgment debtor Liaozhong County [Company Name] Transportation Co., Ltd. Under the name of But it actually belongs to Enforcement measures such as the freezing and deduction of fuel subsidy funds belonging to third parties.

[ Basic Facts of the Case 】 The person subject to enforcement Liaozhong County [Company Name] Transportation Co., Ltd. The passenger transport company operating intercity and rural bus routes has been subject to an enforcement court order due to unpaid debts. Seize the transportation management department Registered to the judgment debtor Liaozhong County [Company Name] Transportation Co., Ltd. The entire fuel subsidy under my name And Deduction; Third-party Zhang raised an objection. ， To think that Some of the fuel subsidy payments are not subject to enforcement. Liaozhong County [Company Name] Transportation Co., Ltd. of the property, should To Zhang. All, but Zhang Mou The objection application was dismissed by the ruling of the executing court; Zhang then Filing an objection to enforcement by a non-party in accordance with the law. The lawsuit , requesting the lifting of the restrictions on those belonging to Zhang Mou All seizure measures against the fuel subsidy funds have been lifted, and it has been confirmed that the fuel subsidy funds belong to... Third-party Zhang X. All.

First-instance court After trial, Clarify And identified the third party. Zhang Mou With the person subject to enforcement Liaozhong County [Company Name] Transportation Co., Ltd. Signed car sale Agreement Transfer of operating routes Agreement and Register the vehicle under the name of The person subject to enforcement The fact of being in operation, But The court of first instance found that the judgment debtor... Liaozhong County [Company Name] Transportation Co., Ltd. The annual fuel subsidy amount to be received is approximately... 600 Ten thousand yuan Left and right, Obviously An amount greater than the amount of the fuel subsidy funds seized in connection with the case, And The executing court did not explicitly state that the seized fuel subsidy funds belonged to a third party. Zhang Mou The fuel subsidy that should be obtained, Therefore The court of first instance ruled to dismiss the case. Third-party Zhang X. Regarding the lifting of the freeze on fuel subsidy funds Measures the request; First-instance court Also believes that the fuel subsidy funds... Affiliation Not a civil case Trial Scope, therefore, regarding the attribution of fuel subsidy payments. Not confirmed 。

Our firm's lawyers Accepting a third party after the first-instance judgment Zhang Mou of the commission, Agent It filed an appeal, Through The second-instance procedure clarifies the facts of the case. Cite Legal provisions, departmental regulations, and Policy regulations 、 Apply to the court Obtain evidence, After trial, the second-instance court... To think that “ Fuel subsidy funds system By the central authorities Finance Budget allocation, Used for A special fund established to offset the increased fuel consumption costs incurred by urban and rural road passenger transport operators due to adjustments in refined oil prices. Designated Enforcement Court The portion of fuel subsidy funds that has been seized should be exclusively allocated to the actual fuel user—the third party involved in the case. Zhang Mou ， Although The operations and management department entrusts the party obligated to perform. Liaozhong County [Company Name] Transportation Co., Ltd. Storage and Issue Fuel subsidy funds Under administrative delegation, But Third party Zhang Mou With the person subject to enforcement Between Liaozhong County [Company Name] Transportation Co., Ltd. and others On the issue of the ownership of fuel subsidy funds. Not Administrative case scope, third party Zhang Mou As the actual oil user, Fuel subsidy funds Should be issued to Zhang Mou ， Third-party Zhang X. Enjoying sufficient rights to preclude the enforcement court’s compulsory enforcement measures. Entity rights 。

    [ Referee's decision 】 Revoke the first-instance judgment, Reversal of the verdict Cease enforcement of the court’s order against third parties. Zhang Mou the fuel subsidy funds Enforcement measures 。

    [ Reasons for the Ruling Urban and rural roads Special Funds for Subsidies on Passenger Transport and Refined Oil Prices system By the central authorities Finance Budget allocation, Used for A special fund established to offset the increased fuel consumption costs incurred by urban and rural road passenger transport operators due to adjustments in refined oil prices. Liaozhong County [Company Name] Transportation Co., Ltd. Not the actual operator of the vehicle involved in the case, Third-party Zhang X. The vehicle purchase payment has been made, Management Line transfer payment, system The actual operator of the vehicle involved in the case, Third-party Zhang X. Simply registering the vehicle involved in the case under the name of the judgment debtor. Liaozhong County [Company Name] Transportation Co., Ltd. In terms of operations, fuel subsidy funds should be allocated to the actual fuel users. Zhang Mou ， Actual oil user An entity interest that entitles the holder to take enforcement measures sufficient to exclude the court’s seizure of fuel subsidy funds belonging to it.

[ Relevant statutory provisions 】

Article 312 of the “Interpretations of the Supreme People’s Court on the Application of the Civil Procedure Law of the People’s Republic of China,” 《 Civil Procedure Law of the People's Republic of China Article 170, paragraph 2,   《 2015 Annual Shenyang City Rural Passenger bus Special Distribution Plan for Finished Oil Price Subsidies 》 Article 4, Paragraph 3, Item 2; “Shenyang Municipal Transportation Bureau’s Notice on Issuing” 2017 Annual Article 17 of the “Notice on the Distribution Plan for Fuel Price Subsidies for the Rural Passenger Transport Industry in Shenyang City”

    [ Lawyer's Perspective 】

1 Fuel subsidy funds is issued to the actual With oil The special funds for the recipient should... Dedicated funds for specific purposes ， The first-instance verdict did not support Zhang. Release the fuel of the vehicle involved in the case. Subsidy style Enforcement measures The claim is clearly mistaken;

2、 Fuel of the vehicle involved in the case Subsidy Does the amount belong to? Zhang Mou Falls within the scope of civil case proceedings, First-instance finding It is clearly erroneous to exclude it from the scope of civil case adjudication.

3、 The person subject to enforcement is not the actual oil user. Not authorized to obtain Fuel subsidy funds, Court Funds that do not belong to the judgment debtor should not be forcibly enforced.

4、 Hanging-onto-operation carries legal risks. The party concerned Should be done by signing Written Clarify rights and obligations through agreements and other means, Familiar National and local policy regulations, Operate legally and in compliance. ， To avoid unnecessary litigation. ， Protection Legitimate rights and interests of oneself.