Establish mechanisms for credit commitments and restoration of judgment defaulters

In order to promote the establishment of a social credit system in Hunan, create an honest and trustworthy business environment, and urge persons subject to enforcement to consciously perform the obligations set forth in effective legal documents, the Hunan Provincial High People's Court recently formulated and issued the "Implementation Measures for Establishing Credit Commitments and Credit Restoration Mechanisms for Judgment Defaulters (Trial Implementation)." There are 26 articles in the implementation measures, including six aspects, including general provisions on credit commitments and credit restoration, procedural rights guarantees, credit commitments, credit restoration, other provisions, and supplementary provisions.

The Implementation Measures provide that persons subject to enforcement who have been decided by the people's courts to be included in the list of judgment defaulters have the will to actively perform the obligations set forth in effective legal documents, truthfully declare assets to the people's courts and make a credit commitment, and where the people's courts find that they meet the requirements upon review, they may suspend their inclusion in the list of judgment defaulters, and credit punishments are not applied to them. During the period when the people's courts are reviewing whether to include the relevant judgment debtors in the list of untrustworthiness, the relevant judgment debtors make credit commitments, and may also refer to the relevant provisions on the application of credit commitments. Where persons subject to enforcement who have been included in the database of judgment defaulters have the conduct of actively performing the obligations set forth in effective legal documents or actively correcting untrustworthy conduct, apply to the people's courts for credit restoration, and the people's courts may, in order to increase their ability to perform, upon review find that they meet the requirements, suspend the application of credit punishment to them, including the blocking of the list of untrustworthy persons subject to enforcement and the shortening of the time limit for untrustworthiness. After persons subject to enforcement voluntarily perform the obligations set forth in effective legal documents, upon their application, the people's courts may issue automatic performance certification documents to the relevant departments, helping them restore their credit and obtain credit incentives.

The Implementation Measures make it clear that where full-time students become judgment defaulters due to "campus loan" disputes, measures must generally not be taken against them to be included in the untrustworthy list. Where an enterprise subject to enforcement who has temporary difficulties in operation but has development potential decides to designate centralized jurisdiction to help them rescue and develop, the enforcement court shall no longer include them in the list of judgment defaulters. Where they have been included in the list of judgment defaulters, if there is a real impact on the bailout operation, they may submit an application and provide relevant supporting materials, and upon review by the collegial panel and report to the president for approval, temporary shielding measures may be employed to suspend the application of credit punishment to them.

The Implementation Measures also clearly stipulate issues such as fully protecting procedural rights such as the right to know, the right to make a defense, and the right to remedy judgment defaulters.