"Judge, I have already put the money into the court account, please remove me from the blacklist, there is an urgent matter in my family to take the high-speed rail home, I did not expect that I could not even buy a high-speed rail ticket..."
Recently, when a person subject to high consumption restrictions by the Shifeng Court and included in the list of judgment defaulters purchased high-speed rail tickets, he was prompted that he could not complete the purchase of tickets because the court took measures to restrict high consumption. Therefore, he contacted the court to take the initiative to request the performance of the obligation, and hoped that the court would remove it from the list of dishonest executors and the restricted high consumption library.
In August 2019, the executor Luo Mou was sentenced to one year in prison and fined 2,000 yuan by the Shifeng Court for a criminal offense. After the judgment took effect, because Luo did not voluntarily pay the fine, the court filed a case for compulsory enforcement. During the enforcement process, the court served Luo with the enforcement notice and property report order in accordance with the law, and at the first time initiated an inquiry and freezing of the bank account, real estate, vehicle, industrial and commercial registration and other assets under Luo's name through the network judicial inspection and control system, and found that the deposits under his name and the balance of WeChat were only more than 100 yuan. After several unsuccessful attempts to contact Luo, the enforcement judge went to the village committee where Luo lived to investigate his whereabouts and inquire about property clues, but found nothing. After contacting Luo's family, his family said that Luo had gone out, did not know his whereabouts, and was unable to pay the fine for Luo in financial difficulties.
According to Article 1 of the Several Provisions of the Supreme People's Court on Restricting the High Consumption of Persons Subject to Enforcement, if the person subject to enforcement fails to perform the payment obligations determined in the effective legal documents within the period specified in the notice of enforcement, the people's court may adopt measures to restrict consumption and restrict his high consumption and relevant consumption that is not necessary for life or business.
According to Article 1 of the "Several Provisions of the Supreme People's Court on Publishing Information on the List of Judgment Defaulters", where the person subject to enforcement fails to perform the obligations set forth in an effective legal document, and has any of the following circumstances, the people's court shall include him in the list of judgment defaulters and punish him for credit in accordance with law: 1. Having the ability to perform but refusing to perform the obligations set forth in the effective legal document; 2. Obstructing or resisting enforcement by means such as fabricating evidence, violence, or threats; 3. Circumventing enforcement by means of false litigation, false arbitration, or concealment or transfer of property; 4. Violating the property reporting system; 5. Violating the consumption restriction order; 6. Refusal to perform the enforcement of the settlement agreement without legitimate reasons. People's courts shall employ consumption restriction measures against judgment defaulters who are included in the list of judgment defaulters.
In late August 2021, after a multi-party investigation, the person subject to enforcement, Luo X, did not have any property to enforce, and because the person subject to enforcement, Luo X, violated the property reporting system, the Xifeng Court included him in the list of untrustworthy persons subject to enforcement in accordance with the law and punished him for credit, and at the same time, the case ended the enforcement procedure in accordance with law.
Just a few days after being included in the list of untrustworthiness by the court and restricting consumption, Luo Mou wanted to take the high-speed rail back to his hometown in Guizhou from other provinces because of an urgent matter at home, but he did not think that he could not buy high-speed rail tickets because of the restrictions on high consumption. Luo Mou originally thought that hiding his whereabouts and refusing to show his face could evade execution, and the case was not resolved. This time, because of his untrustworthy behavior and unable to buy high-speed rail tickets, Luo Mou really felt the deterrence of the joint punishment of untrustworthiness and decided to consciously perform his obligations.
On September 14, Luo took the initiative to contact the court, expressing his willingness to fulfill all his obligations and hoping that the court would remove him from the list of untrustworthy people as soon as possible so that he could embark on the road home earlier.
In judicial practice, if a person subject to enforcement can promptly repent after being included in the list of judgment defaulters, actively perform the obligations set forth in effective legal documents, and take the initiative to correct untrustworthy conduct, the people's courts will lawfully employ measures to shield the list of judgment defaulters and lift restrictions on consumption, and generally 3-5 working days the corresponding punitive measures can be lifted.
After receiving Luo's payment information, the judge first went through the formalities for blocking the punishment of untrustworthiness and lifting the restriction on consumption measures, and at the same time lifted the freezing of Luo's bank and online accounts.
Judge's tip: A place of untrustworthiness is restricted everywhere, reminding the person subject to enforcement not to hold a fluke mentality, once the person subject to enforcement is included in the list of untrustworthy persons subject to judgment, will be restricted in terms of high consumption and related consumption such as loan approval and participation in bidding, taking planes and high-speed rail, going abroad, and staying in high-end hotels. Where the person subject to enforcement is a unit, after consumption restriction measures have been adopted, the person subject to enforcement, the legally-designated representative, the principal responsible person, the person directly responsible for influencing the performance of the debt, or the actual controller must not carry out the above-mentioned acts provided for by law.
In recent years, the Shifeng court has actively adopted effective measures to increase the exposure and joint disciplinary action of judgment defaulters, and in addition to publishing information on judgment defaulters in the Supreme People's Court's database of judgment defaulters, they have also made full use of the court's official WeChat Weibo, Douyin, and other media platforms, electronic screens, and exposures by the people's committee for the place where judgment defaulters reside, expanding the scope of broadcasting and social awareness, and strengthening the pressure to condemn untrustworthy conduct. According to statistics: as of 2021, the court has successively published the list of judgment defaulters to the public in accordance with the law, restricted 638 times of high consumption, and judicial detention of 14 people of judgment defaulters, achieving good legal and social effects.
Xifeng County Political and Legal New Media Center: Zou Kaiyun
Editor: Long Zugang/Yuan Xiangbo