The parties may reach a settlement agreement through voluntary consultation, and change the subject of rights and obligations, the object of performance, the time limit, the place and the way determined in the effective legal documents according to law. The settlement agreement is generally in written form. If one party refuses to perform the effective court judgment or arbitration award, the other party may apply to the people's court for compulsory execution. Need to pay attention to the following questions:
1, the application should be made within 2 years.
2. Submit an application for execution, which will be accepted and executed by the court of first instance;
3. No application fee is required for implementation.
4. Providing the property clues of the person subjected to execution is conducive to the smooth execution of the judgment.
On 20 1 1 14+00, the Executive Board of the Supreme People's Court signed a memorandum of cooperation with the Credit Information Center of the People's Bank of China, which * * * explicitly incorporated the information on the list of people who were executed in bad faith into the credit information system. In the future, the information on the list of people who have broken their promises will be integrated into the credit files of people who have been executed, and will be provided to financial institutions and other units in the form of credit reports for relevant units to consider when auditing loans and other businesses. The list covers "Lao Lai" from all walks of life. In addition to real estate, foreign trade processing and other industries, it is worth noting that some emerging industries are also among them.
According to the "Several Provisions of the Supreme People's Court Municipality on Publishing the Information of the List of Executed Persons with Bad Faith" and the "Several Provisions of the Supreme People's Court Municipality on Restricting the High Consumption of Executed Persons", the court enforcement department can impose credit punishment on the executed persons with bad faith, and publish the list of executed persons with bad faith through newspapers, radio, television, internet and court bulletin boards. Notify relevant government departments, financial regulatory agencies, financial institutions, institutions undertaking administrative functions and industry associations. , for the relevant units in government procurement, bidding, administrative examination and approval, government support, financing and credit, market access, qualification and other aspects, to be punished by credit. Comply with laws, regulations and relevant provisions. The specific restrictive behavior of the faithless;
(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;
(nine) other high consumption behaviors that are not necessary for life and work.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis: Article 3 of "Several Provisions of the Supreme People's Court Municipality on Publishing the Information of the List of Executed Persons with Dishonesty".
If the person subjected to execution thinks that it is wrong to include it in the list of people subjected to dishonesty, he may apply to the people's court for correction. If the person subjected to execution is a natural person, the person subjected to execution shall generally go to the people's court and explain the reasons; If the person subjected to execution is a legal person or other organization, the legal representative or person in charge of the person subjected to execution shall generally go to the people's court to explain the reasons.
If the people's court considers that the reason is established after examination, it shall make a ruling to correct it.
Article 7
The people's court shall delete the relevant information from the list of the person subjected to dishonesty in any of the following circumstances:
(a) the obligations specified in the effective legal documents have been fully fulfilled;
(2) Reaching an execution settlement agreement with the application executor, which has been confirmed by the application executor;
(3) The people's court decides to terminate the execution according to law.