(Adopted by the Judicial Committee of the Supreme Court at its1487th meeting on May 20 15, and promulgated by Law Interpretation [20 15]No. 17 on July 20, 2005.
In order to further strengthen enforcement, promote the construction of social credit mechanism, and protect the legitimate rights and interests of the application executor and the person subjected to execution to the maximum extent, lawyers of Lawyers Network have formulated these provisions in accordance with the relevant provisions of the Civil Procedure Law of People's Republic of China (PRC) and the practical experience of the people's courts in civil enforcement.
Article 1 If the person subjected to execution fails to fulfill the payment obligations specified in the effective legal documents within the time limit specified in the enforcement notice, the people's court may take measures to limit his high consumption and related consumption that is not necessary for life and business.
The people's court shall take measures to restrict the consumption of the person subjected to execution who is included in the list of people subjected to dishonesty.
Article 2 When the people's court decides to take measures to restrict consumption, it shall consider whether the person subjected to execution has performed passively, evaded execution or resisted execution, as well as the performance ability of the person subjected to execution.
Article 3 If the person subjected to execution is a natural person, he shall not engage in the following high-consumption and unnecessary consumption behaviors after taking measures to restrict consumption:
(a) when taking the means of transportation, choose the second class or above of the plane, train soft sleeper and ship;
(two) high consumption in hotels, hotels, nightclubs, golf courses and other places above the star level;
(three) the purchase of real estate or new construction, expansion, high-grade decoration of housing;
(four) leasing high-grade office buildings, hotels, apartments and other places to work;
(5) Purchasing non-essential vehicles;
(6) tourism and vacation;
(seven) children attending private schools with high fees;
(8) Paying high premiums to purchase insurance wealth management products;
(9) Non-essential consumption behaviors such as taking all seats of G-prefix EMU trains and first-class and above seats of other EMU trains.
If the person subjected to execution is a unit, the person subjected to execution, its legal representative, principal responsible person, person directly responsible for debt performance and actual controller shall not carry out the acts specified in the preceding paragraph after taking measures to restrict consumption. Anyone who uses personal property for private consumption to commit the acts mentioned in the preceding paragraph may apply to the enforcement court for enforcement. If the examination by the enforcement court is true, it shall be allowed.
Article 4 Measures to restrict consumption are generally put forward in writing by the application executor and decided by the people's court after examination. When necessary, the people's court may decide ex officio.
Article 5 If the people's court decides to take measures to restrict consumption, it shall issue a consumption restriction order to the person subjected to execution. The consumption restriction order shall be issued by the president of the people's court. A consumption restriction order shall specify the time limit, items and legal consequences of consumption restriction.
Article 6 If the people's court decides to take measures to restrict consumption, it may, according to the needs of the case and the situation of the person subjected to execution, serve a notice of assistance in execution to the unit obligated to assist in the investigation and execution, or make an announcement in the relevant media.
Article 7 The expenses for announcing the consumption restriction order shall be borne by the person subjected to execution; If the person subjected to execution applies for making an announcement in the media, he shall pay the announcement fee in advance.
Article 8 If the person subjected to execution engages in consumption activities prohibited by these Provisions due to the needs of his life or business, he shall apply to the people's court, and it can only be carried out after approval.
Article 9 During the period of consumption restriction, if the person subjected to execution provides effective guarantee or the applicant agrees, the people's court may lift the consumption restriction order. If the person subjected to execution has fulfilled the obligations specified in the effective legal documents, the people's court shall, within the scope of the notice or announcement in Article 6 of these Provisions, timely lift the consumption restriction order through notice or announcement.
Article 10 The people's court shall set up a telephone or e-mail address to receive reports from the executor of the application and the public on the violation of Article 3 of these Provisions by the executor of restricted consumption, and conduct examination and determination.
Article 11 The person subjected to execution who consumes in violation of the consumption restriction order is an act of refusing to perform the legally effective judgment or ruling of the people's court. After investigation and verification, in accordance with the provisions of Article 111th of the Civil Procedure Law of People's Republic of China (PRC), they shall be detained and fined; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
If the relevant unit still allows the person subjected to execution to make high consumption and related consumption that is not necessary for life or business after receiving the notice of assistance from the people's court, the people's court may investigate his legal responsibility in accordance with the provisions of Article 114 of the Civil Procedure Law of People's Republic of China (PRC).
Decision of the Supreme People's Court on Amending Several Provisions of the Supreme People's Court on Restricting the High Consumption of Executed Persons
(201Adopted by the Judicial Committee of the Supreme People's Court at its1657th meeting on July 6th, May)
French Interpretation [20 15]No. 17
People's Republic of China (PRC) the Supreme People's Court Proclamation
The Decision of the Supreme People's Court on Amending Several Provisions of the Supreme People's Court on Restricting the High Consumption of Executed Persons was adopted by the Judicial Committee of the Supreme People's Court at its1657th meeting on July 6, 20/kloc-0. It is hereby promulgated and shall come into force on July 22, 20/kloc-0.
the Supreme People's Court
2065438+July 20, 2005
According to the decision of the the Supreme People's Court Judicial Committee at its1657th meeting, the Provisions of the Supreme People's Court on Restricting the High Consumption of Executed Persons are amended as follows:
1. Amend "Several Provisions of the Supreme People's Court on Restricting High Consumption of Executed Persons" to "Several Provisions of the Supreme People's Court on Restricting High Consumption and Related Consumption of Executed Persons".
2. Article 1 is amended as: "If the person subjected to execution fails to fulfill the payment obligations specified in the effective legal documents within the period specified in the enforcement notice, the people's court may take measures to limit his high consumption and related consumption that is not necessary for his life and business."
The second paragraph is added to Article 1: "The people's court shall take measures to restrict consumption of the person subjected to execution who is included in the list of people subjected to dishonesty."
Three. Article 2 is amended as: "When the people's court decides to take measures to restrict consumption, it shall consider whether the person subjected to execution has performed passively, evaded execution or resisted execution, and the ability of the person subjected to execution to perform."
4. Paragraph 1 of Article 3 is amended as: "If the person subjected to execution is a natural person, he shall not engage in the following high-consumption and unnecessary consumption behaviors after taking measures to restrict consumption:"
Item (9) of the first paragraph is amended as: "(9) Non-essential consumption behaviors such as taking all seats of G-prefix EMU trains and first-class seats of other EMU trains."
The second paragraph is amended as: "If the person subjected to execution is a unit, the person subjected to execution, its legal representative, principal responsible person, person directly responsible for influencing the performance of debts and actual controller shall not commit the acts specified in the preceding paragraph after taking measures to restrict consumption. Anyone who uses personal property for private consumption to commit the acts mentioned in the preceding paragraph may apply to the enforcement court for enforcement. If it is verified by the executive court, it shall be allowed. "
Verb (abbreviation of verb) Article 4 is amended as: "Measures to restrict consumption are generally put forward in writing by the applicant executor and decided by the people's court after examination; When necessary, the people's court may decide ex officio. "
Article 5 of the intransitive verb is amended as: "If the people's court decides to take measures to restrict consumption, it shall issue a consumption restriction order to the person subjected to execution. The consumption restriction order shall be issued by the president of the people's court. The consumption restriction order shall specify the time limit, items, legal consequences and other contents of restricting consumption. "
Seven. Article 6 is amended as: "If the people's court decides to take measures to restrict consumption, it may, according to the needs of the case and the situation of the person subjected to execution, serve a notice of assistance in execution to the unit obligated to assist in the investigation and execution, or make an announcement in the relevant media."
Eight. Article 7 is amended as: "The expenses for announcing the consumption restriction order shall be borne by the person subjected to execution; If the person subjected to execution applies for an announcement in the media, he shall pay the announcement fee in advance. "
Nine. Article 8 is amended as: "If the person subjected to execution engages in consumption activities prohibited by these Provisions due to the needs of his life or business, he shall apply to the people's court and get approval before proceeding."
10. Article 9 is amended as: "During the consumption restriction period, if the person subjected to execution provides effective guarantee or applies for the consent of the executor, the people's court may lift the consumption restriction order; If the person subjected to execution has fulfilled the obligations specified in the effective legal documents, the people's court shall, within the scope of the notice or announcement in Article 6 of these Provisions, timely lift the consumption restriction order through notice or announcement. "
Xi。 Article 10 is amended as: "The people's court shall set up a report telephone number or e-mail address to accept the report of the executor of the application and the public that the executor of the restricted consumption violates Article 3 of these Provisions, and conduct examination and determination."
12. the first paragraph of article 11 is amended as: "the act of the person subjected to execution who consumes in violation of the consumption restriction order belongs to the act of refusing to perform the legally effective judgment or ruling of the people's court. After investigation and verification, they shall be detained and fined in accordance with the provisions of Article 111th of the Civil Procedure Law of People's Republic of China (PRC); If the circumstances are serious and constitute a crime, criminal responsibility shall be investigated according to law. "
The second paragraph is amended as: "If the relevant unit still allows the person subjected to execution to make high consumption and related consumption that is not necessary for life or business after receiving the notice of assistance from the people's court, the people's court may investigate his legal responsibility in accordance with the provisions of Article 114 of the Civil Procedure Law of People's Republic of China (PRC)."
Thirteen, delete twelfth.
"Several Provisions of the Supreme People's Court Municipality on Restricting the High Consumption of the Executed Person" shall be revised and re-promulgated according to this decision.
Whether the person subjected to execution has fulfilled his obligations or been restricted from high consumption shows that the situation of the parties being restricted from high consumption has not been eliminated. If the parties have indeed fulfilled all their obligations and are still restricted from high consumption, they can complain to the court.
According to the law of our country, if the debtor fails to perform his obligations, the people's court may enforce it; During the execution, necessary living expenses shall be reserved for the person subjected to execution. To limit high consumption, it is difficult to enforce the law in our current judicial activities. First of all, it is caused by the debtor's weak legal consciousness and bad reputation. However, the law is not operable in the implementation process, which gives the debtor an opportunity, which is also an important reason. Guangzhou Dongshan District Court issued an order to restrict high consumption, which is a powerful measure to strengthen the law enforcement and effectively protect the interests of creditors.
If it is found that the person subjected to execution has high consumption behavior, which is verified by verification, the person subjected to execution will be detained or fined according to relevant regulations, and criminal responsibility will be investigated if the circumstances are particularly serious. In addition, the Supreme Law will implement a reward reporting system. If it is found that the person subjected to execution has property available for execution, the whistleblower will be rewarded, with the highest reward being 10% of the property value.
Restrict high consumption order 1. Restrictions on natural persons.
1. Do not take high-end transportation such as airplanes, luxury passenger ships and taxis and use high-end communication tools;
2. Do not spend in high-consumption places such as star-rated hotels, restaurants, bars, dance halls, nightclubs, saunas and gyms;
3. Do not buy high-end goods, large daily necessities, cars or lease office buildings;
4. Do not buy, build, expand or decorate houses; Don't travel abroad, don't go on vacation, don't spend a lot of money for your family;
5. Don't leave this country;
6. No foreign investment (including starting a company, buying stocks and bonds, etc. ). Only the living expenses according to the minimum living standard stipulated by the government can be retained, and the rest belong to the category of executed property.
7. Children of restricted personnel are not allowed to attend high-consumption private colleges and universities.
2. Restrictions on legal representatives and responsible persons of legal persons or other organizations.
1, and shall not perform the duties of mortgage, transfer and guarantee for this unit or others;
2. It is not allowed to spend public funds in hotels, restaurants, dance halls, western restaurants, nightclubs, saunas, gyms, golf courses and other high-consumption places, and its staff are not allowed to spend the above funds;
3. It is not allowed to reimburse the transportation expenses such as taxis, train sleepers, planes and ships in the unit;
4. Don't leave this country;
5. Do not pay bonuses and bonuses to its staff; 6. The financial status of the unit shall be reported to the court regularly every month, and shall be audited at any time.