Keywords

Active justice; enforcement with goodwill; promoting the high-quality development of enterprises above designated size

Case Overview

A Yangpu company leased a terminal yard in an area of 23,107 square meters within the Yangpu Port area to an energy company for the loading, unloading, storage and processing of coal. However, due to poor corporate management of the energy company, the premises were unattended and were almost deserted. The Yangpu company hence filed a lawsuit before Haikou Maritime Court to request the energy company to remove and clear off the buildings, facilities and equipment and return the premises. The court heard the case and ruled to support the requests of the Yangpu company. However, during the enforcement, the court found that the coal washing machine installed on the premises had been seized by other courts.

Enforcement

Haikou Maritime Court actively took on responsibilities to solve the problem, with court leaders taking command and all relevant divisions fully engaged. The handling judges came to talk with the other courts several times and finally acquired the right to dispose of the equipment, and the final resolution of the enforcement case became possible. Since the equipment and illegal buildings under seizure were leased by a party not involved in this case to some enterprises and individuals for long-term use, considering the involvement of multiple interested parties, Haikou Maritime Court kept firmly in mind the principle of conducting enforcement with goodwill and humanity, explaining the law to the tenants patiently and informing the consequences that might arise due to the illegal occupation. As the relocation was eventually completed, the enforcement uncertainties were removed. The factory buildings and equipment on the premises were dismantled and the premises were handed over to the Applicant. 

Significance

This case is a vivid practice of the concept of “active justice” by Haikou Maritime Court, which solved the problem that had long gone unsolved for almost ten years faced by the Applicant, an enterprise above designated size in the Yangpu Port that was obstructed in development since the terminal yard was seized by other courts and could not be disposed of. The case is also a response to the special campaign of the Provincial Party Committee to promote the high-quality development of enterprises above designated size. The successful enforcement has achieved win-win outcomes for all: the legitimate rights and interests of the enterprise are protected, the land of the idle terminal yard is put into use, and the major construction project in Yangpu Port is moving forward. This not only restores investors’ confidence in the construction but also provides strong judicial guarantee for the building of an international shipping hub in the new western land-sea corridor.