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, published a series of limitation in succession in last few years " Laolai " measureOne, " 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.
2, 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.
3, special action prohibits1
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.
4, whole side restricts measure- Limitative high spending pursues specific trade or support of project limitation government or allowance limitation hold a post honor of limitation of qualification of qualificatory limitation admittance and award a letter to restrict special market to trade the orgnaization of representative of the limitative bidder such as thing of the legal representative that limitation cannot hold the position of an enterprise, trustee, inspect, senior administrator, invite public bidding, expert that review bid with, the network such as sesame seed credence pays tool and give a letter
- Face a society to announce be broken his promise to be carried out fast inquiry reachs person information network carry out check accuse every 6 months to inquire belongings
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.
