Exit restriction regulations

Legal provisions restricting the exit of the person subjected to execution:

1. Article 12 of the Law of People's Republic of China (PRC) on Exit and Entry Administration: China citizens are not allowed to leave the country under any of the following circumstances:

(1) Failing to hold a valid exit-entry certificate or refusing or evading border inspection;

(two) the punishment has not been completed or belongs to the defendant or criminal suspect in a criminal case;

(three) there are unresolved civil cases, and the people's court decides not to leave the country;

(4) Being subject to criminal punishment for obstructing the administration of the country (border) or being repatriated by other countries or regions for illegal exit, illegal residence or illegal employment, and not allowed to leave the country within the prescribed time limit;

(five) may endanger national security and interests, the relevant authorities in the State Council decided not to leave the country;

(6) Other circumstances under which exit from the country is prohibited by laws and administrative regulations.

2. Article 255 of the Civil Procedure Law of People's Republic of China (PRC):

If the person subjected to execution fails to perform the obligations specified in the legal documents, the people's court may take or notify the relevant units to assist in taking measures such as restricting exit, recording in the credit information system, publishing information on non-performance of obligations through the media and other measures prescribed by law.

3. Article 36 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC) [Fa Shi [2008] 13]:

Where the exit of the person subjected to execution is restricted in accordance with the provisions of Article 231st of the Civil Procedure Law, the application executor shall submit a written application to the enforcement court; When necessary, the enforcement court may make a ruling ex officio.

4. Article 37 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC):

If the person subjected to execution is a unit, his legal representative, principal responsible person or person directly responsible for affecting debt performance may be restricted from leaving the country.

If the person subjected to execution is a person without or with limited capacity for civil conduct, his legal representative may be restricted from leaving the country.

5. Article 38 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC):

During the period of exit restriction, if the person subjected to execution fulfills all the debts specified in the legal documents, the enforcement court shall promptly lift the exit restriction; If the person subjected to execution provides sufficient and effective guarantee or applies for the consent of the person subjected to execution, the exit restriction measures may be lifted.

6, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security, "Several Provisions on Restricting the Exit of Foreigners and China Citizens according to Law" Article (2) Item 4:

If there are unresolved civil cases (including economic disputes), the people's court shall decide to restrict exit execution and notify the public security organ at the same time.

7 the Supreme People's Court's answers to some questions about the trial of economic disputes involving Hong Kong and Macao.

8. Article 9 of the Supreme People's Court's Legal Interpretation [20 15]No. 10 on Several Issues Concerning People's Courts Handling Objection Reconsideration Cases:

If the person who is restricted from leaving the country thinks that the restriction is wrong, he may apply to the people's court at the next higher level for reconsideration within 10 days from the date of receiving the decision on the restriction. The people's court at the next higher level shall make a decision within 15 days from the date of receiving the application for reconsideration. During the period of reconsideration, the execution of the original decision shall not be stopped.

Extended data

Article 9 of the Provisions of the Supreme People's Court on Several Issues Concerning People's Courts Handling Objection Reconsideration Cases stipulates that:

"If a person who is restricted from leaving the country thinks that there is something wrong with the restriction, he may apply to the people's court at the next higher level for reconsideration within ten days from the date of receiving the decision on the restriction. The people's court at the next higher level shall make a decision within 15 days from the date of receiving the application for reconsideration. During the period of reconsideration, the execution of the original decision will not be stopped. "

The Supreme People's Court's "Interpretation on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC)" stipulates in Article 38:

"During the period of exit restriction, if the person subjected to execution fulfills all the debts determined by legal documents, the enforcement court shall promptly lift the exit restriction measures; If the person subjected to execution provides sufficient and effective guarantee or applies for the consent of the person subjected to execution, the exit restriction measures may be lifted. "

Baidu Encyclopedia-People's Republic of China (PRC) Exit and Entry Administration Law