New policy of Lao Lai since September 1

"Lao Lai" is a person who owes money and doesn't pay it back in the popular sense. In the legal sense, "Lao Lai" generally refers to the debtor who has the ability to repay the debt but refuses to repay it, or who has the ability to perform but fails to perform the obligations specified in the effective legal documents. The civil procedure law stipulates a series of enforcement measures, but in recent years, a series of measures have been introduced to limit Lao Lai. Details are as follows:

0 1

Enforcement of general property

1. Enforce the real estate of the person subjected to execution;

2. Enforcing the motor vehicle, ship, aircraft and other means of transportation of the person subjected to execution;

3. Enforce the movable property such as the machine and equipment of the person subjected to execution;

4. Enforce the equity of the person subjected to execution;

5. Enforcing the stocks of the person subjected to execution: including the stocks of domestic listed companies, especially the tradable shares; Acting as an agent for shares in the equity transfer system (commonly known as the "third board");

6. Enforce the deposit of the person subjected to execution;

7. Enforce the property corresponding to the warehouse receipt and bill of lading of the person subjected to execution;

8. Enforce the fund share of the person subjected to execution;

9. Enforce the bonds and other securities of the person subjected to execution;

10. Enforcement of precious metals such as gold and silver;

1 1. Enforce the mining rights and interests of the person subjected to execution;

12. Enforce the intellectual property rights (patents, trademarks, copyrights) of the person subjected to execution;

13. Enforce the accounts receivable of the executed person;

14. Enforce the creditor's rights due and the court's judgment rights of the person subjected to execution;

15. Other properties with high realized value;

16. All the property under the name of the person subjected to execution can be executed (except for special circumstances and special objects).

02

The implementation of some special goals

1, implement the only housing.

According to Article 20 of the Provisions of the Supreme People's Court on Several Issues Concerning People's Courts Handling Objection Reconsideration Cases, the only house that meets the requirements can still be executed.

2. Implement unlicensed real estate.

Notice of the Supreme People's Court on Forwarding the Letter of the Ministry of Housing and Urban-Rural Development on Relevant Issues Concerning the Registration of Property Rights of Unlicensed Property; On the basis of assisting in the implementation of documents, unlicensed property can also be enforced.

3. The executor registers the real estate in another person's name.

According to Article 8 of the Notice of the Supreme People's Court, the Ministry of Land and Resources and the Ministry of Construction on Regulating the People's Court's Execution and the Land, Resources and Real Estate Management Department's Assistance in Execution, the enforcement court shall submit the certificate of succession, the effective judgment, the land use right and the notice of assistance in execution of the house obtained by the person subjected to execution due to inheritance, judgment or enforcement to the land, resources and real estate management department, which shall handle it. After the compulsory transfer of the real estate that has not been transferred by the executor, it will be executed.

4. Building houses on collective land without authorization.

According to the Notice of the Supreme People's Court on Forwarding the Ministry of Housing and Urban-Rural Development (No.2012) 15 1, the "status quo disposal" can be carried out.

5. Implement the lease of workshops built on collective land, office buildings, dormitories and other properties in the factory area.

On the premise of not changing the lease contract, the collective economic organization can be informed before the disposal, and then the "status quo disposal" can be carried out without the consent of the collective economic organization.

6, the implementation of unlicensed building on state-owned construction land.

According to the Notice of the Supreme People's Court on Forwarding the Ministry of Housing and Urban-Rural Development (20 12)No. 15 1, unlicensed houses built on state-owned construction land can be disposed of. The enforcement court shall seek the opinions of the administrative organ on whether the house can be converted into a certified house, and take it as a reference to determine the value of the unlicensed house.

7, the implementation of pre-sale of commercial housing.

The executor has paid all the house price to the developer (the executor has paid part of the house price and part of the bank loan), and the bank has registered the mortgage advance notice (pre-mortgage registration). If the commercial housing is pre-sold, and after the pre-sale of the commercial housing is sealed up by the court, and the developer or the person subjected to execution terminates the contract through arbitration or litigation, the people's court may continue the real estate pre-sale.

8. The wage income of the person subjected to execution.

According to Article 243rd 1 of the Civil Procedure Law, the income of the person subjected to execution may be seized or withdrawn. If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to detain and withdraw the income from which the person subjected to execution should perform the obligations.

9. Implement the pension of the person subjected to execution.

20 14 On June 24th, the Supreme People's Court's Reply on Requesting Social Security Institutions to Help Freeze and Deduct the Pensions of the Executed Persons (20 14) clearly confirmed that social security institutions, as pension issuing institutions, have the obligation to assist the people's courts in freezing and deducting the pensions due to the executed persons.

10, implementing retirement pension or retirement pension.

According to the Reply of the Supreme People's Court Research Office on whether the retirement pension of retirees can be deducted to pay off debts during the execution procedure, if the other assets or income of retirees available for execution are insufficient to pay off debts, the people's court may ask the pension payment unit or social security institution to assist in deducting their retirement pension or paying off debts.

1 1, housing accumulation fund shall be implemented.

According to the Official Reply of the Supreme People's Court on the Enforcement of Housing Provident Fund ([20 13] He Zhi ZiNo. 14), the enforcement court can enforce the storage balance in the housing provident fund account of the executed person under the condition of ensuring the basic living and living conditions enjoyed by the executed person according to law.

12, execute all the property of outsiders (including spouses).

If the effective legal document only states that the person subjected to execution is the debtor, the enforcement court may enforce the following property:

A) deposits, equity (shares), financial products, etc. Property and vehicles registered in the name of the debtor's spouse after marriage, and property and vehicles registered in the names of the debtor and his spouse after marriage.

B) * * * Property registered in the name of the person subjected to execution and others, and property registered in the name of an outsider but recognized by the outsider as the property of the person subjected to execution or agreed to be the property of the person subjected to execution.

13, execute the house property under the name of children.

A) The enforcement court may enforce a large amount of deposits under the name of the minor children of the person subjected to execution, property registered under the unilateral name of the minor children of the person subjected to execution, vehicles or property registered under the name of the minor children of the person subjected to execution.

B) Execution of huge property of unknown origin for minor children.

C) Property purchased in the name of children during the execution of debts. 20 19 the Supreme People's Court (20 19) supreme court application No.2508 ruled that the debtor bought the house in the name of his children and transferred it to his children's name while knowing that there were still outstanding debts, which seriously affected his responsible property and had a significant adverse impact on the realization of creditor's rights, and this behavior constituted damage to creditors. Therefore, the house involved as family property should be responsible for the family's external debts.

14. The mobile phone number of the person to be executed in the auction.

Case 1: 202 1, 1 1, the court of Yichuan county in Luoyang successfully auctioned the mobile phone number with the surname "999999" for 445,500 yuan.

Case 2: In the process of executing its civil judgmentNo. 139 of (20 16) Yu 0822 in the early Republic of China, the court of Bo 'ai County in Jiaozuo auctioned the next name of the executed person with the number15 * * 8888 at the highest price of 200,000 yuan on August 25th, 20 17.

15. Implementing attributes in Tenpay.

At present, there is no problem for Tencent to assist the court in enforcing the property in Tenpay. Tencent even set up a special department to dock with the court for enforcement. The foreign court may entrust Shenzhen Nanshan District Court or send personnel to Tencent for execution.

16. execute the property in AliPay.

The property in Alipay account also belongs to the property of the person subjected to execution. The court has the right to seal up, freeze and deduct the Alipay account under the name of the executed person, and most of them have no problems in practice.

17, execute property on network platforms such as Tik Tok.

03

Comprehensive restrictive measures

1, limit high consumption.

According to Article 3 of the Regulations of the Supreme People's Court on Restricting High Consumption and Related Consumption, which came into effect on July 22nd, 20 15, the following high consumption is restricted:

A) When taking the means of transportation, choose the second-class cabin or above of the plane, soft sleeper of the train and ship;

B) High consumption in hotels, hotels, nightclubs, golf courses and other places above the star level;

C) Purchase real estate or build, expand or decorate high-grade houses;

D) Lease high-grade office buildings, hotels, apartments and other places for office work;

E) purchase vehicles that are not needed for operation;

F) Travel and vacation;

Children attend private schools with high fees;

H) Paying high premiums to purchase insurance wealth management products;

I) Non-essential consumption behaviors such as taking all seats of G-prefix EMU trains and first-class seats of other EMU trains.

2. Restrictions on engaging in specific industries or projects.

On September 25, 20 16, the Central Office and the State Council issued the Opinions on Accelerating the Construction of Credit Supervision, Warning and Punishment Mechanism for the Executed Person with Dishonesty, which put forward all-round constraints. Restrictions on engaging in specific industries or projects include:

(a) Restrictions on the establishment of finance companies.

B) restrictions on issuing bonds.

(3) QFII quota limit.

D) equity incentive restrictions.

E) restrictions on stock issuance or listing.

F) Restrictions on the establishment of social organizations.

G) restrictions on participating in government investment projects or projects that mainly use financial funds, etc.

2065438+2006 65438+20061October 20th, led by the National Development and Reform Commission and the Supreme People's Court, the People's Bank of China, the Central Organization Department, Publicity Department of the Communist Party of China, the Central Organization Department, the Central Civilization Office and the Supreme People's Procuratorate jointly signed the Memorandum of Cooperation on Joint Punishment of Persons Executed for Dishonesty, proposing 55 disciplinary measures for those executed for dishonesty to set up financial institutions and engage in civil and commercial activities.

3, government support or subsidy restrictions.

A) restrictions on access to government subsidies. Restrict the person who is untrustworthy from applying for government subsidy funds and social security funds.

B) Restrictions on obtaining policy support. Restrict those who have lost their trust from receiving government subsidies, investment approval, import and export, science and technology and other policy support.

4. Qualification restrictions.

A) restrictions on being an executive of a state-owned enterprise.

(b) Restrictions on legal representation of public bodies.

C) Restrictions on being a senior executive of a financial institution.

D) restrictions on being the head of social organizations.

E) recruitment (employment) is limited to civil servants.

F) Special restrictions on joining the Party or party member.

G) restrictions on serving as party representatives, deputies to the National People's Congress and members of the CPPCC.

H) restrictions on enlistment, etc.

5. Restrictions on access qualifications.

A) Including customs certification restrictions.

B) Engaged in restricted medicine, food and other industries.

C) Qualification restrictions on real estate and construction enterprises.

6. Honor and credit line.

A) There are restrictions on awarding prizes to civilized cities, civilized villages and towns, civilized units, civilized families, moral models and charities.

B) Honor restrictions on lawyers and law firms.

C) credit line.

7. Special market trading restrictions.

A) restrictions on engaging in real estate transactions and state-owned assets transactions.

B) restrictions on the use of state-owned forest land.

C) restrictions on the use of grasslands.

D) restrict the use of natural resources in other countries.

(Please read the "Opinions on Accelerating the Construction of Credit Supervision, Warning and Punishment Mechanism for the Executed Person with Bad Faith" in paragraphs 2 to 7 above. )

8. Cannot be the legal representative, director, supervisor or senior manager of the enterprise.

On March 20 14, the Central Civilization Office, the the Supreme People's Court, the Ministry of Public Security, the State-owned Assets Supervision and Administration Commission of the State Council, the State Administration for Industry and Commerce, the China Banking Regulatory Commission, the Civil Aviation Administration, and the China Railway Corporation issued the Notice on Building a Memorandum of Cooperation on Honesty Punishment and Breach of Trust (Civilization Office [2065438+04] No.4), which made it clear that the person subjected to breach of trust was a natural person and could not be employed.

9. Restrict the bidding activities of bidders, bidding agencies, bid evaluation experts and other bidding practitioners.

On September 22nd, 20 16, the Supreme People's Court, the National Development and Reform Commission and other nine departments jointly issued the Notice on Joint Punishment of the Executed in the Bidding Activities, which restricted the bidding activities, bidding agency activities, bid evaluation activities and bidding activities of the executed in breach of trust.

10. Restrict online payment tools and credit granting such as Alipay and Sesame Credit.

2065438+On July 24th, 2005, the Supreme People's Court and Sesame Credit signed a memorandum of cooperation on credit punishment for those who broke their promises, and the Supreme People's Court officially authorized third-party commercial credit reporting agencies to jointly punish credit through the Internet. Sesame Credit, together with Taobao, Tmall, Chezhibao, Fun Staging, Where to Travel, I Love My Family and other application platforms, comprehensively restricts the untrustworthy executors in the fields of consumer finance, ant small loans, credit cards, P2P, hotels, renting houses and car rentals, and reduces the living space of the untrustworthy executors. The main measures are as follows: restricting the financial behaviors such as applying for loans and financing by the person who is untrustworthy; Restrict the person who is untrustworthy from purchasing air tickets, train soft sleepers, insurance wealth management products, non-operating vehicles and tourism and holiday products through Taobao or Tmall platforms; Restrict the booking of hotels and hotels above three stars; Restrict the consumer behavior such as luxury goods trading on the Internet.

1 1. Restrict real estate transactions such as online signing and filing.

The National Development and Reform Commission, the Supreme People's Court, and the Ministry of Land and Resources jointly issued the Notice on Implementing Disciplinary Measures to Restrict Real Estate Transactions on Dishonest Executees on March 1 2065, which restricted Lao Lai from participating in the judicial auction of houses, obtaining land supplied by the government, and taking measures such as information exchange and enjoyment.

2065438+On August 1 2009, the Ministry of Housing and Urban-Rural Development issued the "Business Specification for Online Signing and Filing of Housing Transaction Contracts (Trial)", which clearly stated that "Lao Lai" was not allowed to sign and file houses online.

12. Audit the accounts of the executed person.

If a legal person or other organization as the person subjected to execution fails to perform the obligations specified in the effective legal documents, and the applicant for execution thinks that it has refused to report, falsely reported property, concealed or transferred property, evaded debts, or its shareholders or investors have made false capital contributions or evaded capital contributions, it may apply in writing to the people's court to entrust an audit institution to audit the person subjected to execution.

13. Restrict the children of faithless people from attending high-fee private schools.

"Lao Lai" has not paid off his debts, and his children are not allowed to go to private schools with high fees.

04

Convenient, fast and powerful execution behavior

1, network quick query and control execution.

2065438+In March 2006, the Supreme People's Court and the Ministry of Public Security jointly issued the Opinions on Establishing the Working Mechanism of Quick Query Information Sharing and Network Implementation, which mainly included five aspects of cooperation:

One is the enjoyment of information. The Supreme People's Court and the Ministry of Public Security * * * enjoy the information of enforcement cases, the information of people who have been executed in bad faith, and the information of judicial trials;

The second is query feedback. The Ministry of Public Security assists the people's court in inquiring and feeding back the identity information of the person subjected to execution, the entry-exit certificate and entry-exit information of the person subjected to execution, the entry-exit certificate information of the defendant and the vehicle registration information of the defendant and the person subjected to execution;

The third is to restrict exit. The public security organ shall assist the people's court in restricting the exit of the person subjected to execution;

The fourth is to check and control vehicles. The public security organ shall assist the people's court in finding and freezing vehicles;

The fifth is to find the person to be executed. The public security organ shall assist the people's court in finding the whereabouts of the person subjected to execution.

2. Check the property once every six months.

On October 7, 20 1 165438+2006/kloc-0, the Supreme Court issued the Provisions of the Supreme People's Court on Strictly Standardizing the Termination of this Execution Procedure (Trial), in which Article 9 finally clarified that "within five years after the termination of this Execution Procedure, the execution court shall conduct an online inspection and control system to inquire about the property of the executed person every six months, and the results will be inquired.

3. All legal and valid documents such as ID cards and passports shall be associated and bound.

2065438+On July 4th, 2009, the Central Committee for Ruling the Country by Law issued the Opinions on Strengthening Comprehensive Management to Effectively Solve the Problems of Enforcement, proposing to improve the network enforcement inspection and control system, establish and improve the collaborative linkage mechanism for finding the executed person, speed up the information sharing of the executed person who has broken his promise, improve the joint disciplinary mechanism for the executed person who has broken his promise, and intensify the crackdown on illegal and criminal acts such as refusing to execute effective judgments and rulings.

4. Always check the information such as marriage registration information.

2065438+In March 2008, the Supreme People's Court recently formally signed a memorandum of cooperation with the Ministry of Civil Affairs to establish an information sharing mechanism. The Supreme People's Court and the Ministry of Civil Affairs can enjoy marriage registration information, minimum living security information (including family income information), social organization registration information, social assistance object marriage and income and property-related case information, and list information of untrustworthy executors (social organizations) through the network special line; At the same time, the Ministry of Civil Affairs has strengthened the management of social organizations that have been included in the list of people who have lost their trust, and implemented credit constraints and joint punishment.

5. It is difficult to crack the execution.

In view of the difficulty in enforcement, many courts have adopted enforcement techniques to try to solve the problem, such as:

(a) Yuanyang County Court "mobile execution" mobile phone APP one-click call, and connect the command;

(2) huixian city courts implement the 1 10 system, which is mainly responsible for judicial detention, seizure of cars, assistance in repossession of buildings, and taking compulsory measures against parties suspected of refusing to execute crimes, which is conducive to exerting compulsory execution and social deterrence.

(c) On March 26th, 2020, the Guancheng District Court of Zhengzhou City launched the "electronic seal" for the first time to seal up the property involved.

05

Full exposure measures

1, build a special platform and fully expose it.

According to the Notice of Publicity Department of the Communist Party of China, Supreme People's Law and China Banking Regulatory Commission on Creating and Perfecting the Exposure Platform for Executed Persons with Bad Faith, all relevant local departments are required to complete the construction of the exposure platform for executed persons with bad faith at the provincial level before the end of 20 17, and build the platform into a well-known local credit platform and execution business card within two years. Conditional relevant units at the city and county levels should also explore the establishment of an exposure platform for untrustworthy executors at this level.

2. It will be made public to the public through the national court information publishing and inquiry platform, related websites, mobile phone clients, outdoor media and other forms for the public to inquire for free.

According to the needs of joint disciplinary work, the people's court may push the list information to the relevant units for their own use. The people's court shall notify the unit to which the person subjected to execution belongs that it is not appropriate to disclose the untrustworthy information according to law, and the unit to which the person subjected to execution belongs shall handle it according to discipline. Using newspapers, radio, television, internet and other media to publicize the information and punishment of the person who has been executed for dishonesty according to law;

3, through the "credit China" website and enterprise credit information publicity system to the public.

At present, the enterprise credit information publicity system and many social enterprise information search websites and apps, such as Enterprise Credit Insurance, can query the untrustworthy information of enterprises.

4, announced to the public through the main news website.

At present, some local courts have taken measures to publicize the information of untrustworthy people to the public in major local news media or other ways.

In some places, in public places (such as railway stations, commercial squares, etc.). ), the list of local untrustworthy people is played in turn on the big screen.

At present, most parts of the country have adopted or implemented large-screen broadcasting of information about untrustworthy people in major commercial squares and other places, and achieved good results.

6, for Lao Lai in today's headline APP pop-up.

On August 20 17, the Higher People's Court of Henan Province officially joined hands with Today's Headlines to build the first online exposure platform for provincial courts in China, and made full use of the headline number matrix of Henan-France Sunshine Government Affairs to carry out the "exposure of Lao Lai" activity to help solve the difficult problem of implementation.

At present, more than 3,000 court departments at all levels have settled in "Today's Headlines", covering 3 1 province, city and autonomous region, and all municipal, district and county courts have covered it.

7. "Credible CRBT" measures.

On June 4, 20 17, the court in Dengfeng, Henan Province contacted and cooperated with the mobile, China Unicom and communication companies in Dengfeng, and the court issued a notice of assistance in execution, and punished Lao Lai by customizing and editing the color ring tones, so as to urge him to fulfill his legal obligations as soon as possible. Subsequently, many courts in Henan opened this business. In addition, Guangzhou court, Quanzhou court, Nanjing court and many other courts have joined the measures of customizing "CRBT", and Lao Lai will find it more and more difficult to hide.

06

The ultimate trick: investigate criminal responsibility

According to Article 313th of the Criminal Law of People's Republic of China (PRC), if a people's court refuses to execute a judgment or order, and the circumstances are serious, criminal responsibility shall be investigated for the crime of refusing to execute the judgment or order. 20 15 "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Refusing to Execute Judgments and Ruling Criminal Cases" further refines the specific matters of this criminal responsibility, stipulating that it should be in public security.

18, 1 1, Guangdong Province, the public and the law jointly formulated the Guiding Opinions on Handling Criminal Cases of Refusing to Execute Judgments and Ruling, which made it clear that the person subjected to execution concealed, transferred or intentionally damaged the property up to 20,000 yuan or the unit reached more than 200,000 yuan, or transferred the property at a price lower than 50% of the market price, or We should strengthen the investigation of criminal responsibility, strictly implement the provisions of Article 3 13 of the Criminal Law, and impose more penalties and more publicity, which will be more effective than a series of civil restrictions.

Attachment: List of relevant laws, regulations or documents

1. "Several Provisions of the Supreme People's Court Municipality on Publishing the Information of the List of Persons Executed in Disbelief"

2. Provisions of the Supreme People's Court on Several Issues Concerning the People's Court's Handling of Objection Reconsideration Cases.

3. Notice of the Supreme People's Court, Ministry of Land and Resources and Ministry of Construction on Several Issues Concerning Standardizing the Execution of People's Courts and Assisting the Implementation of Land, Resources and Real Estate Management Departments.

4. Notice of the Supreme People's Court on Forwarding the Letter of the Ministry of Housing and Urban-Rural Development on Relevant Issues Concerning the Assistance in Handling the Registration of Unlicensed Property Rights Based on the Implementation Documents.

5. Reply of the Supreme People's Court Research Office on whether the retirement pension of retirees can be deducted to pay off debts during the execution procedure.

6. Reply on whether the social security agency can be asked to assist in freezing and withholding the pension of the person subjected to execution.

7. Official Reply of the Supreme People's Court on Compulsory Implementation of Housing Provident Fund ((20 13)No. 14)

8. Several Provisions on Restricting Foreigners and China Citizens from Leaving the Country according to Law

9. Memorandum of cooperation on joint disciplinary action against the person subjected to execution for breach of trust.

10. Notice on Printing and Distributing the Memorandum of Cooperation on Building Honesty, Punishment and Dishonesty

1 1. Notice on joint punishment of the person subjected to execution for breach of trust in bidding activities

12. Notice on the implementation of disciplinary measures to restrict real estate transactions against the person subjected to malicious dishonesty

13. Opinions on establishing the working mechanism of quick inquiry information sharing and network execution, inspection and control cooperation.

14. Provisions of the Supreme People's Court Municipality on Strictly Standardizing Termination Execution Procedures (Trial).

15. Notice of the Banking Regulatory Commission of Publicity Department of the Communist Party of China, the Supreme People's Court and China on Creating and Perfecting the Exposure Platform for the Executed Person with Bad Faith.

16. Several Provisions of the Supreme People's Court Municipality on Restricting the High Consumption and Related Consumption of the Executed Person.

17. "Opinions on Accelerating the Construction of Credit Supervision, Warning and Punishment Mechanism for the Executed Person with Bad Faith"

18. Provisions on several issues concerning property investigation in civil execution.

19. Notice of the Supreme People's Court National Development and Reform Commission, Ministry of Industry and Information Technology, Ministry of Housing and Urban-Rural Development, Ministry of Transport, Ministry of Water Resources, Ministry of Commerce, State Railway Administration and Civil Aviation Administration on Joint Punishment of Persons Executed in Bidding Activities.

20. Reply on whether the social security agency can be requested to assist in freezing or withholding the pension of the executed person (20 14).

2 1. "The people's court, banking financial institutions network implementation of inspection and control work specification"

22. Opinions of the Banking Regulatory Commission of China, the Supreme People's Court [2065438+04] No.266 on People's Courts and Banking Financial Institutions Carrying out Network Law Enforcement Investigation and Control and Credit Joint Punishment.

23. Law Interpretation [2065438+03] No.20 "Provisions of the Supreme People's Court on Internet Inquiry and Freezing the Deposits of the Executed Person".

24. Article11of the Civil Procedure Law of People's Republic of China (PRC).

25. article 3 13 of the criminal code of People's Republic of China (PRC).

26 "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Refusing to Execute Judgments and Ruling Criminal Cases"

Source: Law House.