Had transferred property when debtor
How can under one's name do for carrying out without belongings?
We can apply for to label its break our promise to be carried out person
Break his promise to be carried out what the person tells in our life namely
"Laolai "
Because carry out difficult question
Came on stage in succession in last few years a series of
Restrict Laolai's measure
" code of civil law " implement measure compulsively mediumly
When " Laolai " be labelled to break his promise to be carried out after the person, meeting by:
1, carry out deposit compulsively;
2, carry out income compulsively;
3, carry out the belongings such as the stock compulsively;
4, carry out car compulsively to wait for movables;
5, carry out the belongings such as receivable Zhang money compulsively;
6, carry out land, house property compulsively to wait praedial;
7, be returned compulsively to return specific property by application executive person;
8, the debt interest during paying doubly to be fulfilled tardily and pay to perform gold tardily;
9, amerce, detain wait for coercive measures;
10, limitative discrepancy condition.
Carry out compulsively of special award
1, carry out exclusive housing
Basis " top people court deals with executive different make peace to reconsider a case about people court the regulation of a certain number of problems " the 20th regulation, the exclusive housing that accords with a condition (specific see a way) still can carry out, and in solid Wu, had appeared to carry out the case of exclusive housing in great quantities, be sure the meeting is increasing later.
2, carry out income of wage of person be executived
2002 " lab of top people court about executing an order in whether buckle delimit retire from retiree golden pension pay off the answer of its debt problem " , in what leave retiree other can offer executive property or income inadequacy repays below the circumstance of its debt, people court can ask its leave emeritus golden hair to put an unit or assistance of social security orgnaization is buckled delimit its retire gold or pension, in order to repays this debt that leaves retiree.
3, carry out annuities of person be executived
On June 24, 2014, top people court " about whether assistance of orgnaization of requirement social security is frozen, buckle delimit the reply of the pension issue of person be executived " (2014) hold his word the 22nd, affirm social security orgnaization serves as golden hair of provide for the aged to put an orgnaization clearly, courtyard of civil code of accountability assistance person is frozen, buckle delimit annuities of due of person be executived.
4, belongings of unidentified a huge sum carries out minor children antecedents compulsively
Changing property filial under one's name also is " Laolai " escape idiomatically debt gimmick, at present the court has appeared relevant case, execute person be executived compulsively minor children antecedents is unidentified belongings of a huge sum, also will get be admissived generally later.
5, auction order of engine of hand be executived compulsively
Case one: City of Shandong province Linyi faces Shu court to discover in carrying out a process compulsively under one's name of person be executived has number of 1***999999 mobile phone, every months of lowest consumes 1200 yuan, undertake quickly close down and be assessmented to its, auction a network in judicatory of the net that clean out treasure vendue undertakes on platform, on March 11, 2017 in the morning 5 when clinch a deal smoothly 22 minutes with one hundred and ninety-three thousand eight hundred yuan.
Case 2: Court of county of Jiao Zunbo love is carrying out his (2016) pleaseds 0822 civilian first in process of 139 civil judgment, because of be being carried out person Dou Mou misses, and check without can offer executive property, bring about a case to cannot be carried out. In carrying out a process ever since, humanitarian county court carries out a policemen to find out number of under one's name of person be executived to block a piece for 15xxxx88888 mobile phone, immediately closes down lawfully person be executived date of afore-mentioned mobile phone of under one's name. The course is evaluated, value of mark of this mobile phone 60 thousand yuan. On August 25, 2017, number of this mobile phone is auctioned in judicatory of the net that clean out treasure, clinch a deal with 200 thousand yuan maximum price.
Special action prohibits
1
Prohibit coming in and go out condition
According to " code of civil law " ministry of security of procuratorate of top people court, top people, the Ministry of Public Security, state " leave the country about restricting foreigner and Chinese citizen lawfully a certain number of regulations of the problem " regulation, people court can put on record according to the bulletin to Chinese citizen the different situation of the object, adopt prohibit accordingly, the measure that limitation, control leaves the country, party has what did not carry out civil case, to party oral announcement or written announcement, in its case (or problem) hold before the knot, do not get leave a country or place.
2
Prohibit breaking his promise to be carried out the high speed on the person
In January 2015, high speed of Chongqing of combination of court of Chongqing city senior people executes the law one detachment is in Chongqing city masterstroke of section of high speed road collects fees the station is severe check " Laolai " , "Laolai " people car wanted travel to go up only high speed, will be detained by the spot, execute the law by high speed turn over forensic processing.
3
Prohibit breaking his promise to be carried out the person is certain drive behavior
Zhejiang province cloud and courtyard of prefectural person civil code gave out high spending of a piece of limitation to make in March 2016, drive person be executived first minicar brings into high spending behavior to limit scope.
Above 2, 3 it is the measure that partial court has.
4
Freeze a driver's license, restrict driver's license yearly check
Case one: Yinchuan city permits the court that celebrate an area 2015 only then break his promise to be carried out through freezing motor vehicle driver's license of the person does not grant the method of examine and verify, hold writtened guarantee many cases executive case. Current, this court executive bureau is in and the many branches inside area under administration undertake harmony, the plan expands further freeze " Laolai " other qualification card and relevant proof, let a few lean " card " have a meal, lean " card " the Laolai of the life cans not move a step.
Case 2: Sea of city of state of Heibei province dark blue promotes prefectural court to be together the understanding in the executive process of alimony case did not written guarantee for a long time to some be carried out of the case the person has B this driver's license, pursue freight job, be carried out at was being frozen on July 13, 2017 person driver's license, do not give its the chance of driver's license yearly check, eliminate the capital that its antagonism carries out.
Whole side restricts measure
1
Restrict high spending
Apply according to rising on July 22, 2015 " top people court is carried out what person high spending reachs concerned consumption about limitation a certain number of regulations " the 3rd regulation, restrict following high spending:
When ① takes vehicle, soft sleeper of choice plane, train, ship is second-class above cabin seat or berth;
② is in the place such as field of guesthouse of astral class above, hotel, nightclub, golf undertakes high spending;
③ is bought praedial perhaps build, extend, high-grade decorate a building;
④ rents the spatial office such as high-grade office building, guesthouse, apartment;
⑤ is bought blame run indispensible car;
⑥ travel, go vacationing;
⑦ children is read tall collect fees private school;
⑧ pays insurance cost of high specified number to buy product of insurance manage money matters;
⑨ takes train of group of motor-car of G word head the other blame life such as first-class above seat mixes train of group of whole place, other motor-car the consumptive action with required work.
2
Pursue specific industry or project restriction
On September 25, 2016 of print and distribute of general office of general office of Central Committee of Communist Party of China, the State Council " advance about accelerating break his promise to be carried out person credence is supervised, caution and the opinion that chasten mechanism builds " , offerred the limitation of whole side, be engaged in specific industry or project limitation including:
① establishs finance kind company limitation.
② issues bond restriction.
Investor forehead spends ③ qualification limitation.
④ equity drive is restricted.
⑤ stock is issued or hang out his shingle make over limitation.
⑥ establishs organism restriction.
⑦ participates in a government to invest a project or basically use limitation of project of finance sex capital to wait.
Additional on January 20, 2016, by the country development is reformed appoint take the lead with top people court, ministry of people bank, central organization, central propaganda department, in the center of make up do, central civilization does, 44 units such as top people procuratorate were signed jointly " the cooperative memorandum that about be being carried out to breaking one's promise the person carries out associated chasten " , offer 55 chasten measure in all, to breaking his promise to be carried out the person establishs finance kind orgnaization, pursue action of civilian trade issue, enjoy privilege it is policy, important to hold the position of the respect such as the post undertakes limitative in the round.
3
The government supports or allowance is restricted
① gets governmental subsidy limitation.
Limitation breaks his promise to be carried out fund of subsidy of person application government and support of social security capital.
② obtains policy to support restriction.
Limitation breaks his promise to be carried out the person is in win governmental subsidy, in the policy that examines and approve the policy such as investment, imports and exports, science and technology to back an aspect.
4
Hold a post qualificatory limitation
① holds the position of a state-owend enterprise to be in charge of limitation high.
② holds the position of limitation of institution legal representative.
③ holds the position of financial orgnaization to be in charge of limitation high.
④ holds the position of organism controller limitation.
⑤ action is recorded (hire) restrict for official personnel.
The special limitation of ⑥ join or be admitted to the party or Party member.
⑦ holds the position of delegate of party representative, National People's Congress and limitation of committee member of the Chinese People's Political Consultative Conference.
⑧ enrollment enlists in army limitation.
5
Admittance qualification is restricted
① includes custom attestation restriction.
② pursues the industry restriction such as medicines and chemical reagents, food.
Aptitude of company of ③ estate, construction is restricted.
6
Honor and the limitation that give a letter
① awards civilized town, civilized village and small town, civilized unit, civilized family, morality model, charity kind award limitation.
② lawyer and attorney office honor are restricted.
③ gives letter restriction.
7
Special market trades limitation
① is engaged in praedial trade, state-owned asset trades limitation.
② uses restriction of state-owned forest land.
③ uses prairie restriction.
④ is other and state-owned rich uses restriction.
Above 2-7 results from " advance about accelerating break his promise to be carried out person credence is supervised, caution and the opinion that chasten mechanism builds "
8
Cannot hold the position of the legal representative of the enterprise,
Thing of trustee, inspect, senior administrator
Civilization does in the center of March 2014, country of top people court, the Ministry of Public Security, the State Council endowment appoint, the country is industrial and commercial total bureau, China silver-colored inspect head office of railroad of bureau of civil aviation of meeting, China, China about print and distribute " " compose establishs sincere letter chasten breaks his promise " , break his promise clearly to be carried out what the person is a natural person, thing of the legal representative that must not hold the position of an enterprise, trustee, inspect, senior administrator.
" advance about accelerating break his promise to be carried out person credence is supervised, caution and the opinion that chasten mechanism builds " useful is " limitation " , also include to prohibit of course.
9
Restrict orgnaization of representative of bidder, invite public bidding,
Judge mark expert and other invite public bidding
Bid from move of personnel of course of study activity
Court of top on September 22, 2016 people, country develops innovation appoint wait for 9 branches to be announced jointly " the announcement that about be in invite public bidding bids to breaking his promise to be carried out the person carries out associated chasten in the activity " , limitation breaks his promise to be carried out of the person bid activity, invite public bidding acts as agent the activity, activity that review bid, invite public bidding from industry activity.
10
Limitation pays treasure, sesame seed credence
The network pays tool and give a letter
On July 24, 2015, top magic art and sesame seed credence are signed to breaking his promise to be carried out person credence chasten cooperates memorandum, tripartite commerce signs authorization of government of top people court letter orgnaization combines credit chasten through Internet.
Sesame seed credence jointly with clean out treasure, day cat, China to hire car, interest in installment, where to go to travel, my love the each application platform such as contain of my home photograph is in consumptive finance, ant is small borrow, credit card, P2P, hotel, rent a house, hire the setting such as the car across-the-board restriction, compress break his promise to be carried out life puts a space.
Main measure has: Limitation breaks his promise to be carried out the financial act such as person application loan, financing; Limitation breaks his promise to be carried out the person buys product of manage money matters of soft sleeper of airline ticket, train, insurance and blame to manage indispensible car, travel through cleaning out treasure or day cat platform, go vacationing the product; Limitation books guesthouse of SamSung class above, hotel; Limitation breaks his promise to be carried out the person trades in the luxury of Internet wait for high spending behavior.
Convenient and quick puissant executive action
1
Face a society to announce be broken his promise to be carried out person information
Break his promise to be carried out through countrywide court person list information announces a variety of forms such as end of platform, concerned website, as mobile as inquiry client, outdoors media to be made public to the society, inquire freely for the public;
According to combining chasten the job needs, people court can be pushed to concerned unit send list message, for its combinative oneself job uses list information lawfully. Break his promise publicly to shoulding not be lawfully to be carried out of information person, people court should report his to be in an unit, by its place unit is handled lawfully according to discipline.
Use the medium such as newspaper, broadcast, TV, network, will break his promise to be carried out lawfully person information, suffer chasten circumstance to wait fair at numerous, next, through " credit China " website and company credit information are public show a system to be announced to the society, announce to the society through main news website, additionally partial place still is in public (for instance square of railway station, each commerce) broadcast place to break one's promise through big screen take turns person directory, have bigger deterrence effect.
2
Fast inquiry reachs the network carry out check accuse
Court of top in March 2016 people and combination of the Ministry of Public Security allotted " about building fast inquiry information is shared reach a network to carry out check the opinion that dominates synergic job mechanism " , this opinion basically includes the synergic content of 5 respects:
It is information is shared. Top people court and the Ministry of Public Security share executive case information, break his promise to be carried out person information and judicatory adjudgement information;
2 it is inquiry feedback. Feedback of inquiry of courtyard of civil code of person of assistance of the Ministry of Public Security is carried out the discrepancy condition certificate of certificate of condition of discrepancy of person standing information, person be executived and discrepancy condition information, the accused be conservinged by lawsuit;
3 it is limitation leaves the country. Public security mechanism assists people court to restrict person be executived to leave the country; 4 it is to check control traffic. Courtyard of civil code of person of assistance of public security mechanism is searched, freeze car; 5 it is to search person be executived. Civil code courtyard searchs person of assistance of public security mechanism to be carried out what miss person.
3
Every 6 months inquire belongings
On November 7, 2016, highest courtyard releases " top people court about rigid standard terminative a regulation of executive program (try out) " , among them the 9th is made clear eventually " terminative this second inside 5 years after executive program, executive court ought to every 6 months are carried out through the network check the worth that charges a system to inquire person be executived, inform inquiry application to execute a person as a result.
Culminating big move
Of criminal responsibility find out
Basis " criminal law of People's Republic of China " the 313rd regulation, the court decision to people court, ruling is capable to carry out and refus is not carried out, the clue is serious, do not carry out blame of court decision, ruling to investigate criminal duty with refus.
2015 " top people court does not carry out case of criminal of court decision, ruling about trying refus applicable law the explanation of a certain number of problems " , refined the specific item of this criminal responsibility further, and stipulate the circumstance that in public security mechanism does not grant to accept falls, public prosecution turns private prosecution.
"Blacklist " the smash with will strong step " Laolai " psychological line of defence, regional good method auctions yearly check of driver's license of valuable mobile phone name, limitation, limitation to drive for example the car is hopeful popularize in the whole nation.
Accordingly, if a lot of dispute can have been done before generation necessary be on guard, perfect guaranty formalities for instance, impawn formalities, perhaps had done before appeal to conserve formalities, the ensures creditor's rights implementation of can older rate, return profit of creditor's rights of can quicker implementation.
