Introduction: "Lao Lai", in the popular sense, is a person who owes money and does not pay it back, and "Lao Lai" in the legal sense generally refers to a debtor who has the ability to repay debts but refuses to repay, or has the ability to perform but does not perform the obligations determined by effective legal documents. The Civil Procedure Law stipulates a series of compulsory measures for compulsory enforcement, but due to the difficulty of enforcement, a series of measures to restrict the elderly have been introduced in recent years.
This article summarizes the existing relevant measures as follows:
1. Enforcement of general property
1. Enforce the immovable property of the person subject to enforcement;
2. Vehicles such as motor vehicles, ships, and aircraft to enforce the person subject to enforcement;
3. Enforce movable assets such as machinery and equipment of the person subject to enforcement;
4. Enforce the equity of the person subject to enforcement;
5. Stocks of the person subject to compulsory enforcement: including the shares of domestic listed companies, especially tradable shares, and the stocks of the equity transfer system (commonly known as the "Third Board");
6. Enforce the deposit of the person subject to enforcement;
7. Enforce the property corresponding to the warehouse receipt and bill of lading of the person subject to enforcement;
8. Enforce the fund share of the person subject to enforcement;
9. Enforce the bonds and other negotiable securities of the person subject to enforcement;
10. Enforce the gold, silver, and other precious metals of the person subject to enforcement;
11. Enforce the mineral rights and interests of the person subject to enforcement;
12. Enforce the intellectual property rights (patent rights, trademark rights, copyrights) of the person subject to enforcement;
13. Enforce the accounts receivable of the person subject to enforcement;
14. Enforce the debtor's due creditor's rights and the rights and interests of the court's judgment;
15. Other property with high realizable value;
16. All property in the name of the person subject to enforcement can be executed (except for special circumstances and special subject matter).
In addition, since the Supreme People's Court adopted the Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters in July 2013, the concept of "judgment defaulters" has been proposed, and more extensive, strict and detailed measures have been introduced, as well as some enforcement measures that existed before the collation are summarized as follows:
2. Compulsory enforcement of some special targets
1. Implement the only housing.
According to Article 20 of the Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by the People's Courts, the only house can still be enforced if the conditions are met.
2. Implement unlicensed real estate.
The Supreme People's Court's Notice on Forwarding the Ministry of Housing and Urban-Rural Development's "Letter on Issues Concerning the Registration of Property Rights for Unlicensed Real Estate Based on Documents Assisting in Enforcement" can also be enforced.
3. Execute the real estate registered in the name of another person.
According to Article 8 of the Notice of the Supreme People's Court, the Ministry of Land and Resources, and the Ministry of Construction on Several Issues Concerning the Regulation of Enforcement by the People's Courts and the Assistance of the Land and Resources and Real Estate Management Departments in Enforcement, the enforcing court shall submit to the land and resources and real estate management departments the inheritance certificate on the basis of which the person subject to enforcement obtains the property and the property on the basis of which the person subject to enforcement obtains the property. The effective judgment or enforcement ruling and the notice of assistance in enforcement shall be sealed and registered after the land and resources and real estate management departments have gone through the transfer registration formalities. Enforcement shall be carried out after the compulsory transfer of real estate that has not been transferred by the person subject to enforcement.
4. Execution of houses built without permission on collective land.
According to the Notice of the Supreme People's Court on Forwarding the Ministry of Housing and Urban-Rural Development <关于无证房产依据协助执行文书办理产权登记有关问题的函>(Fa [2012] No. 151), "status quo disposal" can be carried out.
5. Implement the factory buildings built on the leased collective land and the office buildings, dormitories and other properties in the factory area.
On the premise of not changing the lease contract, the collective economic organization may be notified before the disposal without obtaining the consent of the collective economic organization to carry out the "status quo disposal".
6. Enforce unlicensed houses built on state-owned construction land.
According to the Notice of the Supreme People's Court on Forwarding the Ministry of Housing and Urban-Rural Development <关于无证房产依据协助执行文书办理产权登记有关问题的函>(Fa [2012] No. 151), unlicensed houses built on state-owned construction land can be disposed of. The enforcing court shall seek the opinion of the administrative authority on whether the house can be converted into a licensed house and use it as a reference in determining the value of the unlicensed house.
7. Implement pre-sale commercial housing.
In the case that the person subject to enforcement has paid all the housing price to the developer (the person subject to enforcement pays part of the mortgage and part of the bank loan), the bank has handled the mortgage advance registration (pre-mortgage registration), and the developer bears the phased joint and several guarantee liability for the bank loan before the pre-sale of the property is registered, after the pre-sold commercial house is pre-sealed by the court, if the developer or the person subject to enforcement terminates the contract by arbitration or litigation, it shall not resist the enforcement of the people's court, and the people's court may continue to enforce the pre-sold property.
8. Wage income of the person subject to enforcement.
According to the provisions of paragraph 1 of article 243 of the Civil Procedure Law, the enforcement of the income of the person subject to enforcement may be carried out by means of withholding and withdrawing. If the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to withhold and withdraw the part of the income that the person subject to enforcement should perform the obligations.
9. Enforce the pension of the person subject to enforcement.
On June 24, 2014, the Supreme People's Court issued the Reply of the Supreme People's Court on the Issue of Whether Social Security Institutions Can Assist in Freezing and Deducting the Pension of the Judgment Debtor (2014) Zhi Ta Zi No. 22, which clearly confirmed that the social security institution, as a pension issuing institution, has the obligation to assist the people's court in freezing and deducting the pension due to the person subject to enforcement.
10. Implement the retirement pension or retirement pension of retirees.
According to the Reply of the Research Office of the Supreme People's Court on the Question of Whether the Retirement Pension of a Retired Retiree Can Be Withdrawn to Pay Off His Debts in the Enforcement Procedure, if the retired person's other property or income available for enforcement is insufficient to repay his debts, the people's court may require the retirement pension issuing unit or social security institution to assist in deducting the retirement pension or retirement pension to repay the debts of the retired person.
11. Implement the housing provident fund.
According to the reply of the Supreme People's Court on the Issue of Compulsory Enforcement of the Housing Provident Fund ((2013) Zhi Ta Zi No. 14), the enforcing court may enforce the balance in the housing provident fund account of the person subject to enforcement under the condition of ensuring the basic living and living conditions enjoyed by the person subject to enforcement in accordance with the law.
12. Enforcement of property jointly owned by persons not involved in the case (including spouses).
The effective legal documents only specify that the person subject to enforcement is the debtor, and the enforcing court may enforce the following properties:
a) Deposits, equity (shares), financial wealth management products, etc. in the name of the spouse of the person subject to enforcement, real estate and vehicles registered in the unilateral name of the spouse of the person subject to enforcement after marriage, and real estate, vehicles and other property registered in the names of both the person subject to enforcement and his or her spouse after marriage.
b) Jointly owned property registered in the name of the person subject to enforcement and other persons, as well as property registered in the name of a person not involved in the case but the person not involved in the case acknowledges that it belongs to the property of the person subject to enforcement or agrees to accept enforcement as the property of the person subject to enforcement.
13. Enforce the property in the name of the child.
a) The enforcing court may enforce a relatively large amount of deposits in the name of the minor children of the person subject to enforcement that are obviously not commensurate with their income, real estate or vehicles registered in the unilateral name of the minor children of the person subject to enforcement, or real estate registered in the names of the person subject to enforcement and their minor children.
b) Enforce a large amount of property of unknown origin for minor children.
c) Property purchased in the name of the child during the execution of the liability. In 2019, the Supreme People's Court (2019) Zui Gao Fa Min Shen No. 2508 ruled that the debtor purchased a house in the name of his children and transferred it to the name of his children when he knew that the debts were still unpaid, which seriously affected his liability property and constituted a material adverse impact on the realization of the creditor's claim, and the act constituted damage to the creditor. Therefore, the house involved in the case should be regarded as the common property of the family and bear the responsibility for the family's external debts.
14. The mobile phone number of the person subject to execution at the auction.
Case 1: At 5:22 a.m. on March 11, 2017, the Linshu Court of Linyi City, Shandong Province successfully auctioned the 1***999999 mobile phone number in the name of the person subject to execution for 193,800 yuan.
Case 2: In the process of enforcing its (2016) Yu 0822 Min Chu No. 139 civil judgment, the Jiaozuo Boai County Court auctioned a mobile phone card with the number 15****8888 in the name of the person subject to enforcement at the highest price of 200,000 yuan on August 25, 2017.
At present, the highest known price of the mobile phone number in the Taobao judicial auction is the mobile phone number with the tail number 8 7 sold by the Heilongjiang Provincial High People's Court on April 14, 2017, and the transaction price is RMB 3.91 million.
15. Execute the property in Tenpay.
At present, Tencent has no problem assisting the court in enforcing the property in Tenpay, and Tencent has even set up a special department to connect with the court for enforcement, and the court in other places can entrust the court in Nanshan District, Shenzhen, or send personnel to Tencent for enforcement.
16. Execute the property in Alipay.
The property in the Alipay account also belongs to the property of the person subject to enforcement, and the court has the right to seal, freeze and deduct the Alipay account in the name of the person subject to enforcement, and there is no problem in enforcement in practice.
17. Enforce property within online platforms such as Douyin.
In 2021, the Shanghai Qingpu District People's Court successfully concluded the case by enforcing the assets of the person subject to enforcement on the Douyin platform of more than 5 million yuan.
3. Prohibition of Special Acts
1. It is forbidden to leave the country.
In accordance with the provisions of the Civil Procedure Law and the Several Provisions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of State Security on Issues Concerning the Lawful Restriction of Foreigners and Chinese Citizens from Leaving the Country, the people's courts may take corresponding measures to prohibit, restrict, or control the exit of Chinese citizens according to the different circumstances of the subject of the notification.
2. Judgment defaulters are prohibited from going on the expressway.
In January 2015, the Chongqing Municipal High People's Court and the Chongqing Expressway Law Enforcement Team strictly investigated the "old lai" at some main line toll stations of the Chongqing Expressway.
3. Issued a "driving restriction order" to restrict the driving of non-operating cars.
In March 2016, the People's Court of Yunhe County, Zhejiang Province, issued an order restricting high-consumption behavior, which for the first time included the small car driven by the person subject to enforcement into the scope of high-consumption behavior.
Courts that have imposed driving restrictions as of December 31, 2021 include:
Xuyi County People's Court of Jiangsu Province;
Hongya County People's Court, Meishan City, Sichuan Province;
their court in Taihe County, Anhui Province;
Duanzhou District People's Court, Zhaoqing City, Guangdong Province;
Yuehu District People's Court of Yingtan City, Jiangxi Province;
People's Court of Meihekou City, Jilin Province;
The courts that have made specific driving restrictions are:
(a) The Intermediate People's Court of Shiyan City, Hubei Province issued the "Implementation Opinions on Restricting Persons Subject to Enforcement from Driving Non-Operating Cars (for Trial Implementation)" to take measures to restrict the persons subject to enforcement;
(b) The Intermediate People's Court of Lishui City, Zhejiang Province issued the "Implementation Opinions on "Restricting Persons Subject to Enforcement from Driving Small Cars", taking measures to restrict the persons subject to enforcement;
(c) The People's Court of Tong'an District, Xiamen City, promulgated the "Implementation Measures on Restricting Persons Subject to Enforcement from Driving Small Cars" to take measures to restrict the persons subject to enforcement;
4. Freeze the driver's license and restrict the annual inspection of the driver's license.
Case 1: Since 2015, the Xingqing District Court of Yinchuan City has concluded a number of enforcement cases by freezing the motor vehicle driver's license of the judgment defaulter and refusing to review it. At present, the court's executive bureau is coordinating with a number of departments in its jurisdiction, intending to further expand the freezing of other qualifications and related certificates of the "old lai", so that it will be difficult for some old people who rely on the "certificates" to eat and live on the "certificates" to move an inch.
Case 2: During the enforcement of a child support case, the Haixing County Court of Cangzhou City, Hebei Province learned that the person subject to enforcement in a long-pending case had a B driver's license and was engaged in freight work, and on July 13, 2017, it froze the driver's license of the person subject to enforcement, and did not give him the opportunity for the annual inspection of his driver's license, so as to eliminate his capital to resist enforcement.
5. Traveling by train will be locked by "face recognition".
On July 13, 2021, the Changsha Intermediate People's Court and the Changsha Railway Public Security Department countersigned the "Working Mechanism for Enforcement Investigation and Control Cooperation", with the help of "face recognition", "real-name system" ticketing inquiry, "real-name system" station verification and other systems to accurately find the person subject to enforcement. According to the needs of the court's enforcement and case handling, the Changtie Public Security Department enters the information of the person subject to enforcement into the "real-name system" control system, and uses the "face recognition" system, the "real-name system" ticketing inquiry system, and the "real-name system" entry verification system to accurately find and temporarily control the person subject to enforcement, and promptly notify and transfer it to the relevant court enforcement bureau.
Fourth, all aspects of restrictive measures
1. Limit high consumption.
According to Article 3 of the Several Provisions of the Supreme People's Court on Restricting High Consumption and Related Consumption by Persons Subject to Enforcement, which came into force on July 22, 2015, the following high consumption is restricted:
a) When taking transportation, choose airplane, train soft sleeper, ship second class or above;
b) Engaging in high consumption in places such as guesthouses, hotels, nightclubs, golf courses, etc., which are above the star level;
c) Purchase of real estate or newly-built, expanded, or high-end renovated houses;
d) Leasing high-end office buildings, hotels, apartments and other places for office;
e) Purchase of non-essential vehicles;
f) Travel, vacation;
g) The child attends a high-fee private school;
h) Pay high premiums to purchase insurance and wealth management products;
i) Other consumption behaviors that are not necessary for life and work, such as taking all seats on G-prefix EMU trains and first-class or above seats on other EMU trains.
2. Restrictions on engaging in specific industries or projects.
On September 25, 2016, the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council issued the "Opinions on Accelerating the Establishment of Credit Supervision, Warning, and Punishment Mechanisms for Judgment Defaulters", which put forward restrictions on all aspects, including restrictions on engaging in specific industries or projects:
a) Restrictions on the establishment of financial companies.
b) Restrictions on the issuance of bonds.
c) Quota Limits for Accredited Investors.
d) Restrictions on equity incentives.
e) Restrictions on the issuance or listing of shares.
f) Establishment of restrictions on social organizations.
g) Restrictions on participating in government investment projects or projects that mainly use fiscal funds, etc.
In addition, on January 20, 2016, led by the National Development and Reform Commission and the Supreme People's Court, the People's Bank of China, the Organization Department of the CPC Central Committee, the Propaganda Department of the CPC Central Committee, the Central Organization Office, the Central Civilization Office, and the Supreme People's Procuratorate jointly signed the "Memorandum of Cooperation on the Implementation of Joint Disciplinary Action against Judgment Defaulters", proposing a total of 55 punishment measures to comprehensively restrict judgment defaulters from establishing financial institutions, engaging in civil and commercial activities, enjoying preferential policies, and holding important positions.
3. Government support or subsidy restrictions.
a) Restrictions on access to government subsidies. Restrict judgment defaulters from applying for government subsidy funds and social security fund support.
b) Restrictions on access to policy support. Policies restricting judgment defaulters from receiving government subsidies and approving policy support such as for investment, import and export, and science and technology.
4. Qualifications are restricted.
a) Restrictions on serving as senior executives of state-owned enterprises.
b) Restrictions on serving as the legal representative of public institutions.
c) Restrictions on serving as an executive of a financial institution.
d) Restrictions on serving as the responsible person of a social organization.
e) Restrictions on recruitment (hiring) as public servants.
f) Special restrictions on membership in the Party or Party membership.
g) Restrictions on serving as Party representatives, deputies to the National People's Congress and members of the Chinese People's Political Consultative Conference.
h) Restrictions on enlistment and service, etc.
5. Restrictions on access qualifications.
a) Include customs authentication restrictions.
b) Restrictions on engaging in pharmaceutical, food and other industries.
c) Restrictions on the qualifications of real estate and construction enterprises.
6. Honor and credit restrictions.
a) Restrictions on awarding awards to civilized cities, civilized villages and towns, civilized units, civilized families, moral models, and charity.
b) Attorney and Law Firm Honor Limitations.
c) Credit Restrictions.
7. Special market trading restrictions.
a) Restrictions on engaging in real estate transactions and state-owned asset transactions.
b) Restrictions on the use of state-owned forest land.
c) Restrictions on the use of grasslands.
d) Restrictions on the use of other state-owned natural resources.
(For details on Sections 2-7 above, please read the "Opinions on Accelerating the Establishment of Credit Supervision, Warning, and Punishment Mechanisms for Judgment Defaulters")
8. Cannot serve as the legal representative, director, supervisor, senior manager, etc. of the enterprise.
In March 2014, the Central Civilization Office, the Supreme People's Court, the Ministry of Public Security, the State-owned Assets Supervision and Administration Commission of the State Council, the State Administration for Industry and Commerce, the China Banking Regulatory Commission, the Civil Aviation Administration of China, and the China Railway Corporation issued a notice on the issuance of the "Memorandum of Cooperation on Building Creditworthiness and Punishing Untrustworthiness" (Wenmingban [2014] No. 4), clarifying that judgment defaulters who are natural persons must not serve as the legal representative, director, supervisor, or senior management of the enterprise.
9. Restrict the bidding activities of bidders, bidding agencies, bid evaluation experts and other bidding practitioners.
On September 22, 2016, the Supreme People's Court, the National Development and Reform Commission, and nine other departments jointly promulgated the "Notice on Implementing Joint Disciplinary Action against Judgment Defaulters in Bidding and Bidding Activities", restricting judgment defaulters' bidding activities, bidding agency activities, bid evaluation activities, and bidding activities.
10. Restrict online payment tools and credit such as Alipay and Sesame Credit.
On July 24, 2015, the Supreme People's Court and Sesame Credit signed a Memorandum of Understanding on Credit Punishment for Judgment Defaulters, and the Supreme People's Court officially authorized third-party commercial credit reporting agencies to conduct joint credit punishment through the Internet. Sesame Credit, together with various application platforms such as Taobao, Tmall, Shenzhou Car Rental, Fun Installment, Qunar Travel, and I Love My Family, comprehensively restricts judgment defaulters in scenarios such as consumer finance, Ant Micro Loan, credit cards, P2P, hotels, renting houses, and car rentals, and compresses the living space of judgment defaulters. The main measures include: restricting judgment defaulters from applying for loans, financing, and other financial activities; restricting judgment defaulters from purchasing air tickets, train sleepers, insurance and wealth management products, and non-essential vehicles, travel, and vacation products through Taobao or Tmall platforms; restricting reservations of guesthouses and hotels with a three-star rating or higher; and restricting judgment defaulters from engaging in high-spending activities such as luxury goods transactions on the Internet.
11. Restrict real estate transactions such as online signature filing.
On March 1, 2018, the National Development and Reform Commission, the Supreme People's Court, and the Ministry of Land and Resources jointly issued the Notice on Implementing Punishment Measures for Judgment Defaulters to Restrict Real Estate Transactions, restricting lai from participating in judicial auctions of houses, obtaining government-supplied land, and adopting measures such as information exchange and sharing.
On August 1, 2019, the Ministry of Housing and Urban-Rural Development issued the Business Specifications for the Filing of Online Signing of Housing Transaction Contracts (for Trial Implementation), which clarified that "old people" are not allowed to carry out online housing signing and filing.
12. Restrictions on opening new bank accounts and WeChat Pay accounts.
The Beijing No. 2 Intermediate People's Court issued a judicial recommendation to Tenpay Payment Technology Co., Ltd., which is responsible for WeChat's electronic payment business, suggesting that WeChat revise its system to support excessive freezing and not allow judgment debtors who have not fulfilled their legal obligations to open new accounts.
The Chaoyang District People's Court of Beijing Municipality sent judicial recommendations to the Business Management Department of the People's Bank of China: First, restrict untrustworthy executors from opening new accounts; second, restrict the amount of special accounts of untrustworthy executors; third, prominently inform untrustworthy executors of the content of punishment; and fourth, prohibit untrustworthy executors from handling changes in the accounts of funds and wealth management due payments.
13. Audit the accounts of the person subject to enforcement.
If the legal person or other organization that is the person subject to enforcement does not perform the obligations set forth in the effective legal documents, and the person applying for enforcement believes that it has evaded debts such as refusing to report, falsely reporting assets, concealing or transferring assets, or that its shareholders or investors have made false capital contributions or evaded capital contributions, they may apply in writing to the people's court to entrust an audit institution to audit the person subject to enforcement.
14. Restrict the children of judgment defaulters from attending high-fee private schools.
The children of the "lai" who have not paid off their debts are not allowed to attend high-fee private schools.
5. Convenient, fast, and forceful enforcement of behavior
1. Rapid network query and execution of investigation and control.
In March 2016, the Supreme People's Court and the Ministry of Public Security jointly issued the Opinions on Establishing a Working Mechanism for Rapid Inquiry Information Sharing and Online Enforcement Investigation and Control, which mainly includes five aspects of cooperation:
The first is information sharing. The Supreme People's Court and the Ministry of Public Security share information on enforcement cases, judgment defaulters, and judicial trials;
The second is to inquire and feedback. The Ministry of Public Security assists the people's courts in inquiring into and giving feedback on the identity information of the person subject to enforcement, the entry and exit documents and entry and exit information of the person subject to enforcement, the information on the entry and exit documents of the defendant subject to litigation preservation, and the vehicle registration information of the defendant and the person subject to enforcement for litigation preservation;
The third is to restrict leaving the country. The public security organs assist the people's courts in restricting the person subject to enforcement from leaving the country;
Fourth, check and control vehicles. The public security organs assist the people's courts in locating and freezing vehicles;
Fifth, find the person subject to execution. The public security organs are to assist the people's courts in locating persons subject to enforcement whose whereabouts are unknown.
2. Check the property every six months.
On November 7, 2016, the Supreme People's Court promulgated the Provisions of the Supreme People's Court on Strictly Regulating the Termination of the Enforcement Procedure (for Trial Implementation), in which Article 9 finally clarifies that "within five years after the termination of the enforcement procedure, the enforcing court shall inquire into the property of the person subject to enforcement through the online enforcement inspection and control system every six months, and inform the applicant for enforcement of the results of the inquiry." ”
3. Bundle all legally valid documents such as ID cards and passports for punishment.
On July 14, 2019, the Central Committee for Comprehensive Rule of Law issued the "Opinions on Strengthening Comprehensive Governance and Effectively Resolving the Problem of Difficulty in Enforcement from the Source", proposing to improve the online enforcement investigation and control system, establish and improve the coordination and linkage mechanism for finding judgment defaulters, accelerate the promotion of information sharing efforts on judgment defaulters, improve the joint disciplinary action mechanism for judgment defaulters, and increase the force of cracking down on illegal and criminal acts such as refusal to enforce effective judgments and rulings. All legally valid documents such as passports are linked and bundled for punishment.
4. Inquire about marriage registration information and other information from the general to the general inquiry.
In March 2018, the Supreme People's Court and the Ministry of Civil Affairs recently signed the Memorandum of Cooperation on Inter-departmental Information Sharing, establishing an information sharing mechanism. The Supreme People's Court and the Ministry of Civil Affairs are to share parties' marriage registration information, subsistence allowance information (including family income information), social organization registration information, case information related to marriage and social assistance recipients' income and property, and information on the list of judgment defaulters (social organizations);
5. It is difficult to crack the execution of magic skills.
In response to the problem of difficulty in enforcement, many courts have adopted enforcement techniques in an attempt to solve the problem of difficulty in enforcement, such as:
(a) Beijing Chaoyang established a special electronic account for "case money steward" to efficiently allocate case funds;
(b) Ningbo, Zhejiang Province established a "mobile micro-court" to operate the whole process online, and the parties witnessed the execution online;
(c) Shushan, Anhui Province, used "Easy Enforcement" to integrate 40+ internet platforms to accurately push information on untrustworthiness;
(d) Xiamen Huli adopted the easy-to-judge "six-clawed dragon" robot to work 24 hours a day, intelligently generating 108 kinds of enforcement legal documents with the case, saving judges 80% of the investigation and control and clerical workload;
(e) Guangzhou, Guangdong Province established a "mobile execution" mobile phone APP for one-click call and online command;
(f) Fuzhou Drum Tower implements the 110 system, which is mainly responsible for judicial detention, car detention, assistance in repossession of houses, and taking compulsory measures against parties suspected of refusing to execute, etc., which is conducive to exerting enforcement coercive force and social deterrence.
(g) On January 8, 2020, the Changsha Furong District Court used the "electronic seal" for the first time to seize the property involved in the case.
6. Comprehensive exposure measures
1. Set up a special platform for full exposure.
According to the "Notice of the Propaganda Department of the CPC Central Committee, the Supreme People's Court, and the China Banking Regulatory Commission on Establishing and Improving the Judgment Defaulter Exposure Platform", all localities and relevant departments are required to complete the establishment of a provincial-level judgment defaulter exposure platform by the end of 2017, and build the platform into a local household name credit platform and enforcement business card within two years. Relevant units at the city and county level that have the capacity should also explore the establishment of platforms for exposing judgment defaulters at that level.
2. Disclose it to the public through various forms such as the national platform for the publication and inquiry of information on the Judgment Defaulters List of Courts, relevant websites, mobile clients, and outdoor media, for the public to make inquiries free of charge.
As needed for joint disciplinary action efforts, the people's courts may send list information to relevant units, for them to use the list information in accordance with law in conjunction with their own work. The people's courts should notify the unit to which they belong of persons subject to enforcement where it is not lawful to disclose information on untrustworthiness, and the unit to which they belong is to handle it in accordance with discipline and law. Use newspapers, radio, television, the internet, and other media to lawfully disclose judgment defaulters' information and punishment to the public;
3. Announce to the public through the "Credit China" website and the enterprise credit information publicity system.
At present, the enterprise credit information publicity system and many enterprise information checking websites and APPs in society, such as Qixinbao, can query the information on the untrustworthiness of enterprises.
4. Announce to the public through major news websites.
At present, courts in all localities have adopted some measures to release information on untrustworthy persons to the public in major local news media or other means.
5. In some places, in public places (such as train stations, commercial plazas, etc.), large screens are used to broadcast the local directory of untrustworthy persons in turn.
At present, most areas of the country have adopted or implemented the broadcast of information on untrustworthy persons on large screens in major commercial plazas and other places, and good results have been achieved.
6. The pop-up window of Lao Lai in today's headlines APP.
On August 18, 2017, the Henan Provincial High People's Court and Toutiao officially joined hands to create the country's first provincial-level court online exposure platform, making full use of the Yufa Sunshine Government Affairs Headline Matrix to carry out the "Lai Lai" activity to help solve the difficulty of enforcement.
At present, more than 3,000 court departments at all levels across the country have settled in "Toutiao", covering 31 provinces, municipalities and autonomous regions, and fully covering the prefecture, city, district and county courts.
7. The APP marks the old Lai's number.
On August 28, 2017, Beijing Chaoyang Court reached a technical cooperation with 360 Company to assist the court in announcing the judgment defaulter by phone number through the "360 Mobile Guard" APP. The use of mobile apps to mark judgment defaulters will further enhance enforcement deterrence, prompt them to take the initiative to perform their debts, and then safeguard and realize the legitimate rights and interests of the applicant.
8. Measures for "ringtones for untrustworthy persons".
On August 14, 2017, the Intermediate People's Court of Qiannan Prefecture, together with the operators of China Telecom, China Mobile and China Unicom in Qiannan Prefecture, jointly formulated and issued the "Interim Measures on Strengthening the Construction of a Coordination and Linkage Mechanism for the Punishment of Untrustworthy Communications", which will officially open the "Ringtones for Untrustworthy Persons" on September 1, 2017. In addition, Guangzhou courts, Quanzhou courts, Nanjing and many other courts have joined the measures of customizing "ringtones for dishonest people" for the untrustworthy, and it will be more and more difficult for the old people to hide.
VII. Other Restrictions
1. Communication limitations.
In 2017, the Shandong High People's Court made a big move to solve the "difficulty of enforcement", and cooperated with the provincial communications management company to punish the "old lai" through the communication network, and the People's Court of Zhangdian District of Zibo City was designated by the Zibo Intermediate People's Court as a pilot court to introduce a specific plan for the actual operation. On April 20, 2017, the Zhangdian District People's Court issued a Notice of Assistance in Enforcement to the three major communications companies, China Mobile, China Unicom, and China Telecom, requesting the communications companies to assist in enforcement, and taking the lead in the country in imposing communication restrictions on "old friends".
2. Positioning of the mobile phone during execution.
On August 9, 2017, the People's Court of Fushun County, Zigong City, Sichuan Province and Fushun Branch of China Telecom Co., Ltd. jointly signed the Implementation Measures for Mobile Phone Location of Persons Subject to Enforcement. On August 10, 2017, the communication company assisted the Fushun Court in successfully locating a person subject to enforcement, and facilitated the successful execution and settlement of the private lending case. The innovative work of United Communications Company to locate the judgment debtor through mobile phones will be a strong deterrent to the judgment defaulter.
3. Check the residence of the person subject to enforcement through Alipay and other delivery addresses.
In 2017, the Zhenjiang Economic Development Zone Court inquired about the transaction delivery address of the Alipay account of the person subject to enforcement through Alipay, and after confirming the place of residence of the person subject to enforcement, it found the person subject to enforcement.
4. The old man can be forced to terminate the labor contract.
In February 2017, the Shanghai Hongkou Court held a trial of a labor dispute case, in which Chen, as an executive of a financial company, was listed as a dishonest person subject to execution because he had a personal debt of 10 million yuan, which made the industrial and commercial registration department unable to handle the registration procedures for the change of the company's directors, and the company terminated the labor contract relationship with Chen on this basis, and the court of first instance ruled that the company's termination of the labor contract relationship was legal.
5. Going abroad will also be held accountable.
On February 23, 2017, Hong Kong's South China Morning Post reported that in 2014, Shijiazhuang businessman Yan Shibiao fled to Canada with his family after taking out a loan of 50 million yuan from China CITIC Bank. The Supreme Court of British Columbia's decision of February 21, 2017 ordered Yan to comply with the Shijiazhuang Arbitration Commission's ruling in favor of the bank's claim. Judge Shelly Fitzpatrick ordered Yan Shibiao to comply with the Shijiazhuang Arbitration Commission's March 2016 ruling to repay the loan in full, plus 2.17 million yuan in interest.
6. Announce the reward to provide clues about the property.
Article 21 of the Provisions on Several Issues Concerning Property Investigation in Civil Enforcement Work, which came into effect on May 1, 2017, stipulates that if the person subject to enforcement fails to perform the obligations determined in the effective legal documents, the person applying for enforcement may apply in writing to the people's court to issue a reward announcement to find the property that can be enforced. A large number of courts, including the Chaoyang Court in Beijing, the Haidian Court in Beijing, the Jingcheng Court in Shijiazhuang, the Fuzhou Court, the Lianhu Court in Xi'an, and the Weihai Court in Shandong, have implemented a system of rewarding property announcements.
7. Execution of bounty insurance.
On August 8, 2017, the Jingyang District People's Court of Deyang City, Sichuan Province signed a cooperation agreement with the Deyang Branch of Chinese People's Property Insurance Co., Ltd. to launch the "Enforcement Reward Insurance" project.
On August 23, 2017, the Liaocheng Intermediate People's Court and the Liaocheng Branch of Chinese People's Property and Casualty Insurance Co., Ltd. signed the ""Worry-free Execution" Reward Insurance Service Cooperation Agreement, which was the first to introduce "Worry-free Execution" reward insurance in the courts of the city, providing reward insurance services for applicants (creditors).
On August 25, 2017, the Intermediate People's Court of Kunming City, Yunnan Province signed a framework agreement with two insurance companies, and the "bounty insurance" work was officially implemented, which means that in the future, the applicant for enforcement can purchase insurance and offer rewards.
8. The ultimate move: the pursuit of criminal responsibility
According to article 313 of the Criminal Law of the People's Republic of China, where a people's court has the ability to enforce a judgment or ruling but refuses to do so, and the circumstances are serious, criminal responsibility is to be pursued for the crime of refusing to enforce the judgment or ruling.
On September 11, 2018, the Guangdong Provincial Public Prosecutor, the People's Procuratorate and the People's Procuratorate jointly formulated the "Guidelines on the Regulation of Handling Criminal Cases of Refusal to Enforce Judgments and Rulings", which clarified that the person subject to enforcement conceals, transfers, or intentionally destroys property of 20,000 yuan or more for individuals and 200,000 yuan or more, or transfers property at more than 50% of the market price, or transfers property free of charge, resulting in the inability to enforce effective court judgments, which are "capable of enforcement but refusing to do so, and the circumstances are serious" as provided for in the Criminal Law shall constitute an offence and be punishable by a penalty. The most stringent and effective of the above measures should still be on criminal responsibility, and the pursuit of criminal responsibility should be increased, the provisions of Article 313 of the Criminal Law should be strictly enforced, and more punishments should be announced and punishments should be widely disseminated, which will be more effective and effective than a series of restrictive measures in civil matters.
![【Interpretation of the Civil Code】If you don't want to break your elbow, does the other party need to be held responsible?[fig]](data:image/gif;base64,R0lGODlhAQABAIAAAP///wAAACwAAAAAAQABAAACAkQBADs=)