On October 10, Zhou Qiang attended the National Court Trial Implementation Work Conference and the National Court Trial Management Work Symposium, stressing that the trial management was effectively strengthened to ensure the completion of the trial execution tasks, and the general attack number to solve the implementation difficulties was blown, and then the letter of loss was executed. People's days will be "painful." This article summarizes the relevant measures.

The trial execution of the national courts will blow up the overall difficulty of solving the problem of execution, and the person who is untrustworthy will be "difficult to live"

On the morning of October 10, Zhou Qiang attended the National Court Trial Implementation Work Conference and the National Court Trial Management Work Symposium, stressing the practical strengthening of trial management and ensuring the completion of trial execution tasks. The general attack number that solves the difficult implementation is blown, and then the days of losing the trustee’s execution will be “painful”.

The Civil Procedure Law stipulates a series of mandatory enforcement measures. However, due to difficulties in implementation, in recent years, a series of measures to restrict Lao Lai have been introduced.

This article summarizes the existing related measures as follows:

I. Enforcement measures for general property

1. Enforce the real estate of the executed person;

2. Enforce the vehicle, ship, aircraft and other means of transport of the person subject to execution;

3. Enforce the movable property such as the machine and equipment of the person being executed;

4. Enforce the equity of the executed person;

5. Enforce the stock of the executed person: including stocks of domestic listed companies, especially tradable stocks; and the stock transfer system (commonly known as “three boards”) stocks;

6. Enforce the deposit of the person subject to execution;

7. Enforce the warehouse receipt and bill of lading corresponding property of the executed person;

8. Enforce the fund share of the enforcee;

9. Enforce other securities such as bonds of the executed person;

10. Enforce the precious metals such as gold and silver of the executed person;

11. Enforce the mineral rights of the person subject to execution;

12. Enforce the intellectual property rights (patent rights, trademark rights, copyrights) of the person subject to execution;

13. Enforce the accounts receivable of the executed person;

14. Enforce the due claims of the executed person and the rights of the court judges;

15. Other property with a higher realizable value;

16. Double the payment of interest on the debt during the delay in the performance of the performance and the payment of the late performance penalty;

17. Compulsory measures such as fines and detention;

18. Limit entry and exit, etc.;

19. Any property under the name of the person being executed may be executed (except for special circumstances and special marks).

Second, some special targets are enforced

1. Execute a single house.

2. Execute unlicensed real estate.

3. Execute the property that is registered to be registered in the name of another person.

4. Execution of unauthorised houses on collective land.

5. Execute the factory buildings built on the leased collective land and the office buildings and dormitory buildings in the factory area.

6, the implementation of pre-sale commercial housing.

7. Execute the wage income of the executed person.

8. Execute the pension of the executed person.

9. Execution of retirees’ pension or pension.

10. Implement the housing provident fund.

11. The execution of minor children is not known for huge amounts of property.

12. The auctionee's mobile phone number.

13. Execute the property in TenPay.

14. Execute the property in Alipay.

Third, special behavior is prohibited

1. Entry and exit is prohibited.

According to the provisions of the Civil Procedure Law, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of National Security, the “Regulations on Restricting the Exit of Foreigners and Chinese Citizens by Law”, the People's Court may treat Chinese citizens according to the different objects of notification. In the case of appropriate measures to prohibit, restrict or control the exit, if the parties have not executed a civil case, they shall give a verbal notice or written notice to the party and shall not leave the country until their case (or problem) is terminated.

2. It is forbidden to lose the trust to be executed by the executor.

In January 2015, the Chongqing Higher People's Court and the Chongqing High-speed Law Enforcement Team conducted a thorough investigation of the “Lai Lai” at the main toll station of the Chongqing Expressway. The vehicles of the “Lai Lai” will be detained on the spot as long as they drive at high speed. , transferred to the court by high-speed law enforcement.

3. It is forbidden to lose some of the driving behavior of the person being executed.

In March 2016, the Yunhe County People's Court of Zhejiang Province issued a restriction on high consumption orders, and for the first time, the executors driving small cars into the limits of high consumption behavior.

Although the above 2 and 3 are measures taken by some courts, they may be gradually promoted according to the strong measures to limit the untrustworthy.

4. Freeze the driver's license and limit the annual inspection of the driver's license.

Case 1: The Xingqing District Court of Yinchuan City has implemented a number of enforcement cases by freezing the motor vehicle driving license of the untrustworthy executor in 2015. At present, the Executive Board of the Court is coordinating with various departments within its jurisdiction, and intends to further expand the other qualification certificates and related certificates that freeze the "Lai Lai", so that it is difficult for some of them to rely on "certificate" to eat and rely on "certificate" to live. .

Case 2: During the execution of the support case in Haixing County Court of Cangzhou City, Hebei Province, it was learned that the executed person of a long-outstanding case had a B driver's license and was engaged in cargo work. It was frozen on July 13, 2017. The driver's license is not given the opportunity to test his driver's license and eliminate the cost of his execution.

Fourth, all aspects of restrictions

1. Limit high consumption.

According to Article 3 of the Supreme People's Court on Several Provisions on Restricting the High Consumption and Related Consumption of the Executed Persons from July 22, 2015, the following high consumption is restricted:

a) When travelling by vehicle, choose the aircraft, train soft sleeper, ship second class or above;

b) High consumption in hotels, hotels, night clubs, golf courses and other places above the star level;

c) purchase of real estate or new, expanded, high-end renovated houses;

d) leasing high-end office buildings, hotels, apartments and other places to work;

e) purchase of non-operating vehicles;

f) tourism, vacation;

g) children attending high-fee private schools;

h) paying high premiums to purchase insurance wealth management products;

i) Take other seats in the G-head EMU train, other EMU trains, etc., and other non-life and work-related consumption behaviors.

2. Engage in specific industry or project restrictions.

On September 25, 2016, the Opinions of the General Office of the CPC Central Committee and the General Office of the State Council on Accelerating the Construction of Credit Supervision, Warning and Disciplinary Mechanisms for the Implementation of Credit Suspension, proposed all aspects of restrictions, including specific industry or project restrictions. :

a) Establish financial company restrictions.

b) Issue bond restrictions.

c) Qualified investor limit.

d) Equity incentive limits.

e) Limitation of stock issuance or listing transfer.

f) Establish social organization restrictions.

g) Participate in government investment projects or mainly use financial fund project restrictions.

On January 20, 2016, led by the National Development and Reform Commission and the Supreme People's Court, 44 units including the People's Bank of China, the Central Organization Department, the Central Propaganda Department, the Central Organizing Office, the Central Civilization Office, and the Supreme People's Procuratorate jointly signed the A Memorandum of Cooperation on Joint Disciplinary Actions against Those Who Have Lost Faith, a total of 55 disciplinary measures were proposed to limit the implementation of financial institutions, civil and commercial activities, preferential policies, and important positions.

3. Government support or subsidy restrictions.

a) Obtain government subsidy restrictions. Restricted breach of trust by the executor to apply for government subsidy funds and social security funds support.

b) Obtain policy support restrictions. The policy of limiting the loss of trust to the executors in obtaining government subsidies and approving policy support for investment, import and export, and science and technology.

4. Restrictions on qualifications.

a) As a state-owned enterprise executive.

b) Restricted as the legal representative of the institution.

c) Act as a financial institution's executive limit.

d) Responsible for the head of the social organization.

e) Recruitment (hiring) is a limitation for public servants.

f) Special restrictions on joining the party or party members.

g) Restricted as a party representative, a deputy to the National People's Congress and a member of the CPPCC.

h) Enlisted service restrictions, etc.

5. Access qualification restrictions.

a) Includes customs certification restrictions.

b) Engaged in restrictions on pharmaceuticals, food and other industries.

c) Real estate and construction enterprise qualification restrictions.

6. Honor and credit restrictions.

a) Awards for civilized cities, civilized villages, civilized units, civilized families, moral models, and charitable awards.

b) Honor restrictions for lawyers and law firms.

c) Credit restrictions.

7. Special market trading restrictions.

a) Engage in real estate transactions and restrictions on state-owned assets trading.

b) Use state-owned forest land restrictions.

c) Use grassland restrictions.

d) Other restrictions on the use of state-owned natural resources.

8. Can not be the legal representative, director, supervisor, senior management of the enterprise.

Notice of the Central Civilization Office, the Supreme People's Court, the Ministry of Public Security, the State-owned Assets Supervision and Administration Commission, the State Administration for Industry and Commerce, the China Banking Regulatory Commission, the Civil Aviation Administration of China, and the China Railway Corporation on the issuance of the Memorandum of Understanding on the Construction of Integrity and Punishment Civilization Office [2014] No. 4), if it is clear that the person under the trust is a natural person, it shall not be the legal representative, director, supervisor or senior management of the enterprise.

The "Restrictions" used in the "Opinions on Accelerating the Construction of Credit Supervision, Warning and Disciplinary Mechanisms for Those Who Have Lost Faith" are also used in the "Restrictions", including, of course, prohibitions.

9. Limit bidding activities for bidders, bidding agencies, bid evaluation experts and other bidding practitioners.

On September 22, 2016, the Supreme People's Court and the National Development and Reform Commission and other 9 departments jointly announced the "Notice on the Implementation of Joint Disciplinary Measures against the Underwriters of Untrustworthy Entities in the Bidding Activities", limiting the bidding activities of the untrustworthy executors and the bidding agency activities. , bid evaluation activities, bidding activities.

10, limit Alipay, Sesame Credit and other online payment tools and credit.

On July 24, 2015, the Supreme People's Law and Sesame Credit signed a Memorandum of Understanding on Credit Disciplinary Actions for Those Who Lost Their Letters. The Supreme People's Court officially authorized third-party commercial credit agencies to jointly conduct credit punishment through the Internet.

Sesame Credit Club and Taobao, Tmall, Shenzhou Car Rental, Fun Stage, Where to Go, I Love My Family, and other application platforms in the consumer finance, ant small loans, credit cards, P2P, hotels, rental, car rental and other scenarios to limit the letter of confidence The executor, compresses the untrusted living space of the executed person.

The main measures are: restricting the financial activities of the untrustworthy executors to apply for loans, financing, etc.; restricting the untrustworthy executors to purchase air tickets, train soft sleepers, insurance wealth management products and non-operating vehicles, tourism, holiday products, etc. through Taobao or Tmall platform; Booking three-star hotels and hotels; restricting the high-consumption behavior of the unscrupulous creditors on the Internet for luxury goods transactions.

11. Restrict real estate transactions.

The National Development and Reform Commission, the Supreme People's Court, and the Ministry of Land and Resources jointly issued the "Notice on the Implementation of Disciplinary Measures for Restricted Real Estate Transactions on the Exempted Actuaries" on March 1, 2018, restricting Lao Lai from participating in housing judicial auctions and obtaining government supply of land. And take measures such as information exchange and sharing.

Five, convenient and fast enforcement behavior

1. Quick query and execution of the network.

In March 2016, the Supreme People's Court and the Ministry of Public Security jointly issued the Opinions on Establishing a Quick Query Information Sharing and Network Implementation Check and Control Collaboration Mechanism.

This opinion mainly includes five aspects of collaboration:

The first is information sharing. The Supreme People's Court and the Ministry of Public Security share information on the execution of cases, information on the evacuees and judicial judgments; second, query feedback. The Ministry of Public Security assists the people's court in inquiring about the identity information of the person being executed, the entry and exit documents and entry and exit information of the person subject to execution, the entry and exit certificate information of the defendant defended by the lawsuit, and the vehicle registration information of the defendant and the person being executed by the lawsuit; Outbound restrictions. The public security organ assists the people's court in restricting the execution of the person to be executed; the fourth is to investigate and control the vehicle. The public security organ assists the people's court in finding and freezing the vehicle; the fifth is to find the person to be executed. The public security organ assists the people's court in finding the executed person whose whereabouts are unknown.

2. Check the property every six months.

On November 7, 2016, the Supreme People's Court issued the "Stipulations on Strictly Regulating the End of the Implementation Procedure (Trial)", of which Article 9 finally clarified that "the implementation of the procedures within five years after the termination of this implementation procedure shall be implemented. Every six months, the inspection and control system is inquired through the network to inquire about the property of the person being executed, and the result of the inquiry is notified to the applicant."

Sixth, comprehensive exposure measures

1. Set up a special platform for full exposure.

According to the "Notice of the Central Propaganda Department, the Supreme Law, and the China Banking Regulatory Commission on the establishment of a platform for the improvement of the platform for the implementation of untrustworthy executors", all relevant departments of all localities should set up a platform for the implementation of provincial-level untrustworthy executors by the end of 2017, within two years. The platform will be built into a local household credit platform and executive business card. The relevant city and county-level relevant units should also explore the platform for the construction of this level of untrustworthy executors.

It is necessary to adhere to the principle of disciplining and losing trust and praising integrity, and effectively exerting various functions such as the list of licensors who have been exposed to the information on the exposure platform, the information on the implementation of the untrustworthy executors, the promotion of credit discipline, and the risk management and control, and the platform will be built into a disciplinary and confiscation executor. The important grasp of the people, the people understand, participate in, and supervise the important medium of implementation.

2. It is open to the public through various forms such as the announcement and inquiry platform of the list of executors of the national courts, the relevant websites, mobile clients, and outdoor media for free inquiry by the public.

According to the needs of joint disciplinary work, the people's courts may push the list information to the relevant units for the use of the list information in accordance with the law. For the person subject to execution who is not in a position to disclose information of dishonesty according to law, the people's court shall notify the unit where it is located, and the unit to which it belongs shall be dealt with according to law. Using newspapers, radio, television, Internet and other media, the information on the executors of the untrustworthy and the punishment will be made public.

3. Announced to the public through the “Credit China” website and the corporate credit information disclosure system.

At present, the enterprise credit information publicity system and many social enterprise information search websites and APPs, such as Enterprise Xinbao, can query the company's information on trustworthiness.

4. Announced to the public through major news websites.

At present, some local courts have taken some measures to publicize the information of the untrustworthy people to the society in the local major news media or other means.

5. Some places also broadcast the list of local untrustworthy people in public places (such as train stations, commercial plazas, etc.) through large screens.

At present, most of the country has adopted or implemented information on the big screens of major commercial plazas and other places, and achieved good results.

6, on the old Lai in today's headline APP pop-up window.

On August 18, 2017, the Henan Provincial High Court officially joined hands with today's headlines to create the first provincial-level court Lao Lai network exposure platform, making full use of the Yufa Sunshine Government Headline Matrix to carry out the “Lao Lai Exposure” campaign to help solve the implementation difficulties.

At present, more than 3,000 court departments at all levels have settled in the “Today's Headlines”, covering 31 provinces, municipalities and autonomous regions, and covering the local, district and county courts.

7, APP marked the old Lai number.

Beijing Chaoyang Court reached a technical cooperation with 360 Company on August 28, 2017, and assisted the court to announce the untrusted person by phone number through the “360 Mobile Guardian” APP. By using the mobile phone APP to mark the person who is untrustworthy, the executive deterrence will be further enhanced, and the debt will be actively implemented to maintain and realize the legitimate rights and interests of the applicant.

8, "Untrustworthy ring tones" measures.

On August 14, 2017, the Qiannan Intermediate People's Court and the operators of Qiannan Telecom, China Mobile and China Unicom jointly issued the Interim Measures for Strengthening the Collaborative Linkage Mechanism for Disciplinary Communication and Construction of Disciplinary Communications, which will be held in September 2017. On the 1st, the "untrusted people ring tones" was officially opened. In addition, many courts such as Guangzhou Court, Quanzhou Court, Nanjing, etc. have joined in the process of customizing “untrusted ring tones” for untrustworthy people. Lao Lai will become increasingly difficult to shape.

Seven, other restrictions

1. Communication restrictions.

In 2017, the Shandong High Court made a big move in cracking the “difficulties in implementation”, and cooperated with the provincial communication management company to punish “Lai Lai” through the communication network. The Zidian District People’s Court of Zibo City was designated as the pilot court by the Zibo Intermediate People’s Court. Implement specific plans for actual operations. On April 20, 2017, the People's Court of Zhangdian District issued the “Notice of Assistance Implementation” to the three major communication companies of China Mobile, China Unicom and China Telecom, and asked the communication company to assist in the implementation. It was the first in the country to implement communication restrictions on “Lao Lai”.

2. Perform mobile phone positioning.

On August 9, 2017, Fushun County People's Court of Zigong City, Sichuan Province and China Telecom Co., Ltd. Fushun Branch jointly signed the “Implementation Measures for Mobile Phone Positioning Executors”. On August 10, 2017, the communication company assisted Fushun Court in successfully locating an executor and facilitated the successful implementation of the private lending case. The joint communication company's innovative work by the mobile phone to locate the executed person will be a powerful deterrent to the untrustworthy enforcer.

3. Check the address of the person to be executed through the delivery address such as Alipay.

In 2017, the Zhenjiang Economic Development Zone Court passed the Alipay company and inquired the recipient's Alipay account transaction receiving address, confirmed the enforced person's place of residence, and found the person to be executed.

4. Lao Lai can be forced to terminate the labor contract.

In February 2017, Shanghai Hongkou Court held a trial of a labor dispute. Chen was a senior executive of a financial company. Because he had a debt of 10 million yuan and was listed as a breached trustee, the industrial and commercial registration department was unable to handle the company’s directors. According to the change of registration procedures, the company lifted the labor contract relationship with Chen accordingly, and the court found that the company’s termination of the labor contract was legal.

5. Going abroad will also be held accountable.

On February 23, 2017, Hong Kong's "South China Morning Post" website reported that in 2014, Shijiazhuang merchant Yan Shizhen fled to Canada after loaning 50 million yuan from CITIC Bank. The decision of the British Columbia Supreme Court on February 21, 2017, Yan Yan should obey the decision of the Shijiazhuang Arbitration Commission to support the bank's claims. Female judge Sheryl Fitzpatrick ordered Yan Shizhen to abide by the March 2016 ruling of the Shijiazhuang Arbitration Commission: full repayment of loans, plus interest of 2.17 million yuan.

6. Announcement of rewards provides property clues.

Article 21 of the Provisions on Certain Issues Concerning Property Investigation in Civil Execution Work, which came into effect on May 1, 2017, stipulates that: the enforced person shall not perform the obligations determined by the legal instrument in force, and the applicant may apply in writing to the people's court. A reward notice finds the property available for execution. Beijing Chaoyang Court, Beijing Haidian Court, Shijiazhuang Jingyi Court, Fuzhou Court, Xi'an Lianhu Court, Shandong Weihai Court··· have implemented a property announcement reward system.

7. Perform a reward insurance.

On August 8, 2017, the People's Court of Yuyang District, Deyang City, Sichuan Province signed a cooperation agreement with Deyang Branch of China People's Insurance Co., Ltd. to launch the “Execution Reward Insurance” project. It is reported that this is a new measure for the cross-border cooperation between Fuyang Court and insurance companies to introduce third parties to solve the "difficulties in implementation."

On August 23, 2017, the Liaocheng Intermediate People's Court and the Liaocheng Branch of the People's Insurance Co., Ltd. of China signed the "Cooperation Agreement for the Implementation of the Worry-Free" Reward Insurance Service, and the first implementation of the "Implementation of Worry-Free" Reward Insurance in the city court Providing a reward insurance service for the applicant (debtor).

On August 25, 2017, the Kunming Intermediate People's Court of Yunnan Province signed a framework agreement with two insurance companies, and the work of “reward bounty insurance” was officially implemented. This means that in the future, the application executor can purchase insurance and offer a reward. Once someone reports the property cues of the executor and executes successfully, the insurance company will bear the reward of the whistleblower.

Eight, the ultimate move: the investigation of criminal responsibility

According to the provisions of Article 313 of the Criminal Law of the People's Republic of China, if the judgments and rulings of the people's courts are capable of execution and refuse to implement them, if the circumstances are serious, they shall be investigated for criminal responsibility for refusing to execute judgments and rulings. 2015 The Interpretation of the Supreme People's Court on Several Issues Concerning the Refusal to Execute Judgments and Determine the Applicable Laws in Criminal Cases further refines the specific matters of the criminal responsibility, and stipulates that in the case of inadmissibility by the public security organs, the public prosecution will be transferred to the prosecution.

The most stringent of the above measures, the most effective should be about criminal responsibility, should increase the criminal responsibility of the investigation, strictly enforce the provisions of Article 313 of the Criminal Law, more punishments, more public, disciplinary, this will be more than a series of civil aspects Restrictive measures are more effective and powerful.

Editor in charge: Zheng

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