Chen man, a 9-year-old girl, received an enforcement decision to lift the consumption restriction order 20 days after being restricted by the court of Jinshui District, Zhengzhou City, Henan Province.
Chen man’s father was sentenced to death in 2012 after killing her mother and grandmother, according to a previous report by southern weekend. After his father killed his wife, he prepared to sell the house, but the buyer, Wang, paid 550000 yuan for the house, but the house failed to transfer. In March 2017, Wang sued Chen man, who was then 6 years old, to the court, demanding that the purchase contract be legal and effective. It was rejected by the court.
In the second half of 2018, Wang sued Chen man again, demanding that the transfer contract be terminated and the purchase price of RMB 550000 should be returned. In October 2020, the Zhengzhou intermediate people’s Court of Henan ordered 9-year-old Chen man to “repay his father’s debts” of 550000 yuan. Unable to repay the money, Chen man became a “Lao Lai”. On November 25, the court issued a consumption restriction order to her.
The incident caused heated discussion. On December 15th, the court lifted the consumption restriction! It is not in line with the spirit of relevant legislation and the concept of good faith and civilized implementation to issue consumption restriction orders to minors. “
The executive decision of Jinshui District Court obtained by Red Star news shows that the court’s lifting of the consumption restriction order is based on Article 2 of several provisions of the Supreme People’s Court on restricting the high consumption and related consumption of the executed person.
The reporter inquired and learned that the specific content of the article is as follows: when the people’s court decides to take measures to restrict consumption, it shall consider whether the person subjected to execution has negative performance, evades or resists execution, and the ability of the person to perform.
Wang Weizhi, 72, is Chen man’s grandfather. After a family accident, Chen man’s legal guardian became Wang Weizhi. Over the years, the old man has been fighting for Chen man’s lawsuit. On December 16, Wang Weizhi, in an interview with Red Star News reporters, said that after learning that the restrictions on high consumption of foreign granddaughters were lifted, “I feel very complicated. We can’t really enjoy high consumption Why didn’t my granddaughter’s ability to perform when the consumption restriction order was issued? I say an inappropriate word: if we knew today, why should we have done it in the first place
The following is a dialogue between Red Star News and Wang Weizhi. Red Star News: what’s your mood after knowing that your granddaughter has been released from the consumption order? Wang Weizhi: the mood is very complicated. It is a happy thing to get rid of, but in fact, we can’t enjoy high consumption, and our economic conditions are not good. Red Star News: what do you think of the way that Jinshui District Court issued a consumption restriction order and later lifted it? Wang Weizhi: I have some opinions. Article 2 of the provisions of the Supreme People’s Court on limiting the high consumption and related consumption of the person subjected to execution clearly stipulates that the ability of the person to perform shall be considered. Why didn’t my granddaughter’s ability to perform when the consumption restriction order was issued? I said an inappropriate word: if we knew today, why should we have done it in the first place? Only when the media reports and public opinion pay attention to this problem have they noticed it. Was the work before the court too hasty? Like some comments, it’s too impersonal and impersonal. Red Star News: some netizens think, why not sell houses to pay off debts? Wang Weizhi: she is a minor. She has no ability to work and no salary. Sell the house, where to live? And I don’t have the right to sell the house. This house is Chen man’s property. I can only take care of her. What will she do in a hundred years? Now I have a house, and I will depend on it a little in the future. Red Star News: as Chen man’s grandfather, what do you think of her family experience? Wang Weizhi: a child whose parents are dead and whose grandmother is not. Although her father is guilty, it is her father after all. Her father was sentenced to death, which is not a good thing for her. From the perspective of the families of the victims, this is a spiritual comfort, but from the perspective of the daughter of the criminal, it is absolutely not a spiritual comfort. Red Star News: you are Chen man’s guardian. Do you worry that she knows what she has been through? Wang Weizhi: we try our best to eliminate these traces, so as not to let her know. In particular, there are many people who have doubts about her family experience and some improper remarks. Red Star News: what are your future plans? Wang Weizhi: first deal with the problem of lawsuit and prepare to apply for retrial. I will also pay attention to my own physical condition. I am 72 years old. I want to live as many years as possible, take care of her (Chen man) for more years, and arrange the children’s life and study well.