Law limits the maximum air Repudiation by the Consumer Behavior of 8
Supreme People's Court recently issued a "restricted person subjected to execution on high consumption of certain provisions" to restrict the debtor's high consumer behavior. Fly, stay at star hotels, tourist resorts and other 8 of the Consumer behavior is explicitly limited. "Rule" from October 1, 2010 shall come into force. Recently, this reporter interviewed the Supreme People's Court on issues related to the Board responsible.
have liquidity for those who do not fulfill their obligations
present, because of China's credit system is not sound and other reasons, some person subjected to execution on the one hand refusing to fulfill the obligations of the legal document entered into force, On the other hand he is engaged in a variety of high consumer behavior, serious damage to the legal authority and for the legitimate rights holders. To punish these "old Lai," the District Court has issued a number of restrictions on the debtor the relevant provisions of high consumption, high consumption by limiting the person subjected to execution, forced to take active obligations. The move made good in practice, legal and social effects. In summing up the experience over the supreme law, based on the drafting of the judicial interpretation.
under the "rule" of the development objective of limiting high consumption is mainly directed against those who are insolvent debtor has refused to fulfill obligation. Therefore, the court decided to limit the high-consumption measures, consider the person subjected to execution obligations should be the attitude and performance capabilities. If the person has refused to declare their assets or inaccurate reporting of the court refused to find property with a negative performance behavior, to avoid the implementation of the act or acts of resistance to the implementation of the court were empowered to take measures to limit high consumption. On the contrary, if the debtor truthfully declare the property, and actively cooperate with the court to find the property, the court will usually need to restrict their high consumption.
name of another person consumption has banned
the judicial interpretation of the provisions of the third way through the list to limit the scope of high consumption. To prevent the list is not comprehensive, but also provides a fallback provision. If the person is a natural person, is limited to the high post-consumer shall have the following property to pay for its acts: (1) take public transport, select the plane, train soft sleeper, ships more than second class; (2) above in the stars guesthouses, hotels, nightclubs, golf courses and other places of high consumption; (3) purchase of real property or new construction, expansion, high-end home improvements; (4) lease luxury office buildings, hotels, apartments, office premises; (5) purchase of essential non-operational vehicles ; (6) travel, holiday; (7) children to attend private schools with high fees; (8) to pay high premium for insurance, financial products; (9) other non-essential work of the high life and consumer behavior. Above types of behavior are part of our people's understanding of "high consumption" behavior.
be enforced in order to prevent circumvention of this provision, the supreme law that, regardless of their high consumption debtor or the debtor to another person on behalf of high consumption, or other people's property with the debtor high consumption, as long as there is evidence that the property is a debtor to pay, resulting in reduction of the high consumption of debtor property should be in the prohibited conduct. In addition, if the debtor is an entity, is limited to the high post-consumer, not only the unit itself, not high consumption, their legal representative, the principal responsible person affected directly responsible for the debt discharge Yebudeyi unit property Congshi high consumption.
contraband will be fined detention
"rule", restricting the start of high consumption in two ways: First party applications; second start of the Court. In general, restrictions on high consumption should be for a written application to the court executor, the court review the decision.
limit is a high consumption of complementary, indirect enforcement measures, without prejudice to the application of other direct enforcement measures. In limiting the high consumption period, if the court found the debtor's property may be taken in accordance with legal procedures attachment, seizure, freezing and auction debtor to enforce measures to dispose of the property. If the debtor's property through the disposal, in full settlement of the executor's claim for the people's court should remove the restrictions that high consumption.
If the person violating orders to limit consumption of high consumption, are refusing to perform a legally effective court decision, ruled that the act, courts have the right to apply the "PRC Civil Procedure Law" Article Zero 2 Sixth and provisions of Article 4 of its fines, detention, if the circumstances are serious enough to constitute a crime, according to "CCC," the 313th article, refused to pursue the implementation of its decision, ruled that the crime criminal responsibility.
