On March 12 15 when, national People's Congress of 13 whole nations center of 2 conferences news central news releases Yumeideya hall holds a press conference, invite top people court to rule Liu Guixiang of committee member of full-time of class of commission deputy department, Fujian Province is advanced people court dean forest of in the company of, Jiangxi saves Ge Xiaoyan of dean of senior people court with respect to. Break his promise to be carried out does the person's child go to school suffer an effect? The court is carried out do not make involve in a criminal case, but " Laolai " cannot send the noble on children the school. Liu Guixiang introduces, be restricted of high spending break his promise to be carried out person, cannot pay aristocratic school expenses this kind of high spending, but the compulsory education with its normal children and education of tall record of formal schooling, all not be limitation.
Prohibit breaking his promise to be carried out the person pays exalted tuition for its children enter a school, original intention is fulfilling the obligation with affirmatory copy clerk of become effective law as soon as possible at urging person be executived, and rather than restricts children to accept legitimate right of education, below the circumstance that breaks his promise in the parent, the likelihood is faced with the child to enter a school is not admitted or be compelled leave school, the passive situation such as transfer, certainly will causes an effect to child body and mind. Be labelled to break his promise to be carried out the person's parent should fulfil legal obligation actively, lest oneself break one's promise behavior affects innocent children, affect the study of children and life.
See a typical case 2018 please:
Basis " a certain number of regulations that top people court reachs concerned consumption about restricting high spending of person be executived " the 3rd the first the 7th regulation, court of peach the city zone already learned all relevant schools inside the area under administration such as experimental school to give out judicatory to suggest in the first middle school of city of Xiang Heng water, Hengshui, to be being included to break his promise to be carried out the person's children is read tall collect fees the school undertakes limitative.
Judge court of people of the city zone of water city peach
Judicatory proposal book
(2018) hopes 1102 laws build a word the 5th
Judge the first middle school of water city:
January 2006, central politics and law appoint give out " about cogent the announcement that solves people court to carry out difficult question " , difficult to solving people court to carry out question makes overall deploy. Solve carry out difficult question, do away with last hedge that realizes fair justice, respond to the expectation with just to judicatory people, it is the due meaning in the problem of socialistic core viewpoint of value, and perfect executive measure, compose establishs linkage mechanism, form " Party committee leader, National People's Congress is supervised, governmental support, politics and law appoint harmonious, court is sponsorred, the branch cooperates, the society is participated in " solve basically carry out hard work old structure, increase associated chasten to break his promise to be carried out lawfully person strength is us " solve basically it is difficult to carry out " inevitable outlet. Top people court is made " top people court is carried out what person high spending reachs concerned consumption about limitation a certain number of regulations " , aim to increase executive strength further, urge construction of social credence mechanism, utmost protection applies for to carry out person and the legitimate rights and interests of person be executived. From to " solve basically it is difficult to carry out " since declare war each linkage, already the many branches such as management board of condition of railroad, civil aviaton, discrepancy are carried out to breaking one's promise him person is in meal, recreation, accommodation, gave the many sided such as travel to undertake limitative, obtain the social result with favorable know clearly, but to its children is read tall collect fees the limitation of private school respect still is weak point, masses report is strong. For this, basis " a certain number of regulations that top people court reachs concerned consumption about restricting high spending of person be executived " the 3rd the first the 7th regulation, suggest especially:
General rules of recruit students of 1. your school needs to carry bright: "Parent of student signing up must be not labelled to break his promise to be carried out by people court person " relevant record;
2. enrols the fundamental condition that hires student father and mother to undertake checkup to your school place, every is labelled to break his promise to be carried out by people court person person, uniform must not admit;
3. hires a student to already was being enrolled, the person that have afore-mentioned state, once discover, should instruct leave school or turn school go to fair education school.
Above suggests to consider to handle please, will grind place result removes the 7 case inside day to notify this institution at getting the day of this proposal book.
Contact: Hao road
Contact means: 0318-2818637
Judge court of people of the city zone of water city peach
2 18 years 0 on July 3
So, besides limitation children is read tall collect fees besides the school, what measure does the person still have to breaking his promise to be carried out?
? 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.
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 taking vehicle, ; of second-class above cabin seat or berth is in choice plane, train soft sleeper, ship the place such as field of guesthouse of astral class above, hotel, nightclub, golf undertakes high spending; is bought praedial perhaps build, extend, high-grade decorate building; to rent the high-grade office building, guesthouse, room such as apartment.
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:
A) establishs finance kind company limitation.
B) issues bond restriction.
Investor forehead spends C) qualification limitation.
D) equity drive is restricted.
E) stock is issued or hang out his shingle make over limitation.
F) establishs organism restriction.
G) 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
A) 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.
B) 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
A) holds the position of a state-owend enterprise to be in charge of limitation high.
B) holds the position of limitation of institution legal representative.
C) holds the position of financial orgnaization to be in charge of limitation high.
D) holds the position of organism controller limitation.
E) action is recorded (hire) restrict for official personnel.
The special limitation of F) join or be admitted to the party or Party member.
G) 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.
H) enrollment enlists in army limitation.
5, admittance qualification limitation
A) includes custom attestation restriction.
B) pursues the industry restriction such as medicines and chemical reagents, food.
Aptitude of company of C) estate, construction is restricted.
6, honor and the limitation that give a letter
A) awards civilized town, civilized village and small town, civilized unit, civilized family, morality model, charity kind award limitation.
B) lawyer and attorney office honor are restricted.
C) gives letter restriction.
7, special market trades limitation
A) is engaged in praedial trade, state-owned asset trades limitation.
B) uses restriction of state-owned forest land.
C) uses prairie restriction.
D) is other and state-owned rich uses restriction.
(2-7 reads above in detail by oneself please " advance about accelerating break his promise to be carried out person credence is supervised, caution and the opinion that chasten mechanism builds " )
8, thing of the legal representative that cannot hold the position of an enterprise, 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, the orgnaization of representative of limitative bidder, invite public bidding, expert that review bid 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, the network such as sesame seed credence 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 limitation of person application loan, financial act; such as financing 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.
? Other limitation
1, communication limitation
2017, shandong tall courtyard is defeating solution " it is difficult to carry out " go up a big move, save communication management company to be opposite through communication network in coordination " Laolai " inflict chasten, zi rich city piece court of store division people is appointed by Zi rich quadrangle for pilot court, real operation is carried out publish specific plan. On April 20, 2017, piece court of store division people to mobile, UniCom, telecommunication company of 3 big communication is given out " assistance carries out advice note " , ask communication company to give assistance is carried out, take the lead in be opposite in the whole nation " Laolai " executive communication limitation.
2, " break one's promise person colour bell " measure
On August 14, 2017, the administrative division austral Guizhou is secondary each operation business made telecommunication of the city austral people court and Guizhou, mobile, UniCom come on stage surely jointly " break his promise about strengthening the temporary measure that communication chasten compose proposes synergic linkage mechanism " , will debut formally on September 1, 2017 " break one's promise person colour bell " . Besides, Guangzhou court, fontal state court, Nanjing waits numerous court a moment to had been joined in succession to break one's promise the person is custom-built " break one's promise person colour bell " measure, laolai general more and more hard escape form.
3, fixed position of the mobile phone in carrying out
On August 9, 2017, sichuan from tribute city rich suitable branch signs court of people of rich suitable county and Chinese telegraphic Inc. jointly " the mobile phone locates person be executived implements measure " . On August 10, 2017, communication company assists rich suitable court to locate successfully a person be executived, facilitate this civilian leasehold case is carried out successfully, reconcile end a case. Company of this combination communication locates through the mobile phone the innovation of person be executived works to be carried out to breaking one's promise the person will be to write down strong deterrence.
4, old Lai Ke is removed compulsively to work contract
Open a court session of court of Shanghai rainbow mouth heard case of one labor dispute in Feburary 2017, chen Mou is in charge of high as financial firm, because the individual has ten million yuan debt and be labelled to break his promise to be carried out person, cause the industrial and commercial branch that register to cannot deal with company director to change the procedures that register for its, the company removed to concern with labor contract of Chen Mou accordingly, forensic first instance adjudicates cognizance company removes labor contract concern is legitimate.
5, run to also will be chased after abroad duty
On Feburary 23, 2017 Hong Kong " Na Hua morning paper " website report, shijiazhuang businessman Yan Shibiao believed a bank from which 2014 loan lifts the home to escape toward Canada after 50 million RMB. Do not list bump the adjudication Feburary 21, 2017 sentences Colombian supreme court your Yan Mou should be subject to Shijiazhuang arbitrates committee supports a bank to appeal to the court decision that seek. Female judge thanks Li · Feicipatelike sentences your Yan Shibiao must abide by Shijiazhuang arbitral committee the adjudication March 2016: Sum repays loan, adscititious the accrual of 2.17 million RMB.
6, APP tags Laolai number
Court of Beijing rising sun reached technical collaboration with 360 companies on August 28, 2017, through " bodyguard of 360 mobile phones " the kind that APP helps a court be tagged with telephone number is carried out to breaking one's promise the person undertakes announcing. APP of mobile phone of have the aid of is tagged break his promise to be carried out person, will raise executive deterrence further, make its fulfill debt actively, be safeguarded then and realize legitimate rights and interests of the applicant.
7, announcement offer a reward provides belongings clue
Began to apply on May 1, 2017 " the regulation that investigates a certain number of issues about the belongings in civil executive job " the 21st regulation: What copy clerk of law of become effective of nonperformance of person be executived decides is compulsory, it is OK that application executes a person to people court written application releases announcement of offer a reward to search can offer the property that carry out. At present Beijing faces south · of · of · of · of · of · of court of sea of court of lake of lotus of court of court, Beijing Haidian court, Shijiazhuang well Xing, Fuzhou court, Xi'an, Shandong power already large quantities of one courts implemented system of belongings announcement offer a reward.
8, the window is played in APP of today's top headlines to Laolai
Henan province tall courtyard made platform of exposure of network of Laolai of first provincial court of countrywide formally together with today's top headlines on August 18, 2017, make full use of head of government affairs of comfort law sunshine date matrix is begun " Laolai exposure " activity, it is difficult that the solution that help strength is carried out definitely.
9, executive offer a reward is safe
On August 8, 2017, in relief branch of heart of Inc. of court of people of in relief division of an ancient type of banner hoisted on a featherdecked mast of Sichuan heart in relief city and insurance of Chinese people property signs cooperative agreement, roll out " executive offer a reward is safe " project. It is reported, this is in relief court of an ancient type of banner hoisted on a featherdecked mast and insurance company cross bound collaboration, introduce tripartite to solve " it is difficult to carry out " a new move.
On August 23, 2017, talk about a city intermediate people court and Inc. of insurance of Chinese people property talk about urban branch to sign " " carry out without care " agreement of cooperation of service of insurance of offer a reward " , in whole town forensic head is pushed " carry out without care " offer a reward is safe, execute a person for application (creditor) offer offer a reward to be sure to serve.
Yunnan saved court of Kunming city intermediate people and two insurance company to sign framework agreement on August 25, 2017, "Gold of offer a reward is safe " the job is carried out formally. This is meant application executive person will buy offer a reward of safe and hand-in-hand travel henceforth, once somebody is informed against,be carried out person belongings clew carries out a success, insurance company will assume the gold of offer a reward that informs against a person.
? 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.
Final judgment makes up appoint: Hu Yang
