Law

Find key evidence, prosecutor stops' kicking the ball '

2025-12-17   

The construction project was subcontracted layer by layer, and after the completion of the project, workers were trapped in the dilemma of demanding wages. The workers and the contractor sued successively, and after the court made separate judgments, the contracting party paid the project funds to the contractor based on the judgment. However, there was no follow-up on the 1.57 million yuan project funds that should have been paid to the workers. How to recover the project payment that has been overdue for 3 years? Under the precise supervision of the procuratorial organs, this dispute has finally come to an end. From 2021 to 2022, Lu Moulin led more than 20 fellow villagers to complete the strong and weak electrical engineering of a college library and some student apartments in Anhui Province, which was obtained from a contracting company named Zhang Moulin, in 8 months. However, after the project acceptance, the project payment of over 1.57 million yuan has not been received yet. Zhang Moulin said he didn't have any money, and the college also said that they haven't settled with the contracting company yet, and they are all 'playing the ball' with each other! ”After multiple unsuccessful attempts, Lu Moulin sued Zhang Moulin, a certain college, and a certain contracting company in court. In June 2022, the final judgment of the court supported Lu Moulin's claim: Zhang Moulin should pay more than 1.57 million yuan in project funds and interest, and a certain college should bear joint and several liability within the scope of owing the contracting company project funds. However, the joy of winning the lawsuit was fleeting. After the judgment came into effect, Zhang quickly "disappeared", and a certain college refused to fulfill joint and several liability on the grounds of "failure to complete settlement with the contracting company and failure to meet the conditions for unpaid project funds". In July 2022, Lu Moulin applied to the court for compulsory enforcement. After investigation by the court, it was found that there was no property under Zhang Moulin's name that could be executed. Subsequently, a notice of assistance in execution was served to a certain college, but the college still replied. In September 2022, due to the inability to find other enforceable assets at that time, the court ruled to terminate the execution procedure in accordance with the law. Isn't this lawsuit in vain? ”Lu, who received the ruling, felt cold and disheartened. In August 2024, Lu Moulin submitted a supervision application to the Feidong County Procuratorate in Anhui Province to lock in key evidence through prosecutorial supervision. After the court accepted the case, the handling prosecutor conducted a comprehensive review of the original litigation process and quickly identified the "dead end" of the case - the construction project of a certain college should have gone through multiple levels of approval and obtained budget support before being launched. Why has the engineering construction been delayed in settling the project funds with the contracting company after completion? Is there really no settlement? In order to uncover the truth, the investigation team reviewed all the execution files of the court, had in-depth communication with the executing judge, and further expanded the scope of investigation regarding whether the engineering funds involved in the case have been settled, whether the engineering projects involved can be subcontracted, and the payment of engineering funds. After visiting the applicant and a representative of a certain college, the handling prosecutor finally found the key to breaking the deadlock in a related case file: in November 2022, shortly after Lu Moulin's application for execution was ruled to be "final execution", a case of a contracting company suing a certain college for payment of project funds was ruled by the Hefei Intermediate Court, which ordered the college to pay more than 5.06 million yuan in project funds and interest to a contracting company. On December 30th of the same year, a certain college paid more than 5.06 million yuan in project funds to the contracting company in accordance with a separate judgment. This judgment confirms the fact that a certain college owes the contracting company project funds, and the college's claim of 'unsettled project funds' is simply unfounded. ”The prosecutor in charge of the case explained. This means that the conditions for a certain college to assume joint and several liability towards Lu Moulin have been met, and the door to resuming the execution of the case has been reopened. The 1.57 million yuan project payment has finally been executed. After further examination by the handling prosecutor, it is believed that the project undertaken by Lu Moulin is inseparable from the overall project. A certain college bears joint and several liability for the part of the project constructed by Lu Moulin within the scope of owing the overall project payment to a certain contracting company, and does not increase the payment obligation of the college. On November 19, 2024, the Feidong County Procuratorate issued a prosecutorial recommendation to the Feidong County Court, suggesting that the court resume enforcement, take enforcement measures against a certain college, increase enforcement efforts, and standardize the handling procedures of enforcement cases. On January 23 this year, Feidong County Court accepted Lu Moulin's application for resumption of execution. The court served a notice of performance of due debts on a certain college, ordering it to directly fulfill its payment obligation to Lu Moulin. A certain college has fully fulfilled its obligation to pay more than 5.06 million yuan in all project payments according to a separate case judgment, and there is no problem of unpaid project payments. Therefore, it should not file an objection to the execution of the project payment to Lu Moulin, and propose that the workers' overdue payments should be claimed from the contractor. After examination, the court found that the judgment in the case of Lu Moulin et al. v. A certain college for payment of engineering funds was made earlier, and the college should fulfill its settlement obligation to the contractor after fulfilling the obligation of the previous judgment, rather than selectively merging the two judgments and packaging them to pay the engineering funds to the contractor. This increased the difficulty for the processor to claim payment of the engineering funds. Therefore, the objection of the college was rejected in accordance with the law. After months of procedural advancement and coordination, in August of this year, a certain college requested a contractor company to refund the engineering payments owed to workers. Subsequently, the court successfully executed more than 2 million yuan of engineering payments from the college, of which more than 1.57 million yuan was transferred to Lu Moulin's account. Recently, the prosecutor in charge called Lu Moulin again to inquire about the subsequent receipt of funds and his living and working situation. On the other end of the phone, Lu Moulin spoke lightly and couldn't hide his joy: "Recently, I received around 500000 yuan in interest, and I have already distributed it to my fellow villagers

Edit:Wang Shu Ying Responsible editor:Li Jie

Source:Procuratorial Daily

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