Recently, Yang Yang was included in the list of person subject to execution, which caused a heated discussion on the Internet. It is reported that Yang Yang did not star in Han Zhi Yun, because the TV series originally involved issues of Han Nationality, distorted history and was with inadequate safety measures. Shanghai New Culture International Exchange LTD prosecuted Yang Yang for not acting in the TV series ‘Han Zhi Yun’, claiming 20 million yuan. After reaching a reconciliation, the two parties went to the Hongkou district court of Shanghai to obtain the mediation decision and close the case on December 13, 2018. Yang Yang has fulfilled the obligation of reconciliation, but a few days ago, the New Culture Company ignored the mediation decision and detoured to apply for execution to the court. At present, Yang Yang’s brokerage company has entrusted lawyers to restart the retrial of the case through legal procedures, and applied for execution objection about related matters.
The legal knowledge of the case:
The law stipulates that the executing agency shall be responsible for executing the effective legal documents such as civil judgment, ruling and mediation decision. From the perspective of procedure, it is proper for New Culture company to apply for the execution of the mediation decision, but Yang’s lawyer stated that Yang had fulfilled his obligations. If that is true, New Culture Company would be morally wrong.
According to the civil procedure law, if a party or an interested party considers that an act of execution violates legal provisions, it may file a written objection to the people’s court responsible for the execution. In view of the New Culture Company’s approach, Yang Yang immediately applied to the court for execution objection. At the same time, a party may apply for a retrial of a legally effective mediation decision if it provides evidence to prove that mediation violates the principle of voluntarization or that the content of the mediation agreement violates the legislation. Yang Yang applied for retrial at the same time to protect rights through different ways.
Although Yang Yang has applied for execution objections, the fans don’t think that the problem has been solved. The legislation stipulates that after the people’s court viewed the application for opposition, if the grounds are not set up, it shall rule to reject the application. At that time, those who are not satisfied with the ruling may apply for reconsideration to the people’s court at the next higher level.
When it comes to the execution application of Yang Yang, we have to discuss the fact that Xuan Ye was included in the list of those who have broken their promises to execute last week. A few years ago, Xuan Ye made a personal attack on her boyfriend’s ex-girlfriend Lv on weibo, resulting that she was prosecuted by Lv and lost the lawsuit. The court decided that Xuan Ye was guilty of infringement and she shall delete the weibo and apologize. However, Xuan Ye had her own ‘pride’ and did not execute the judgment so the court issued a restraining order and put her in the list of people who have broken their promises to execute. Last week, when she was restricted from taking a plane out of China, she wrote a letter of apology to end the four-year farce.
The spectators should realize that being applied for execution and being included in the list of people who have broken their promises to exceute are two different things. Only when you reject to execute , you shall be included in the blacklist, that is, ‘Laolai’. Those who break their promises to execute may be banned from some high-spending behaviors, including taking airplanes and soft sleeper trains. Being imposed other credit penalties, including restrictions on loans to financial institutions or credit cards. If the person who has broken the promise to execute is a natural person, he/she shall not be the legal representative, director, supervisor or senior manager of the enterprise.
If the person being applied for execution does not have any property available for execution, who does not want to be blacklisted so soon, what is the solution? The person subjected to execution may consult a lawyer and solve the problem through legal means, such as applying for execution objection, execution guarantee, or reaching an execution settlement with the person applying for execution. Abort the execution of a program rather than immediately be blacklisted.
After these two things happened, netizens’ comments on Yang Yang and Xuan Ye are totally different. The fans said that Yang Yang was the best one in the world. As for Xuan Ye, Haitang Shangguan played by her was their idol, but since she fell in love they don’t love her anymore.
Everyone should observe law and displine, especially as an increasingly influential public figure, so as to set a good example for fans and make some contributions to social construction.
