First, luxury cars are famous brands. If you owe 30 thousand, you won't pay back the money
In April this year, the executive judge of a district in Suzhou came to a high-end residential area and knocked on the door of a family. This is a financial loan dispute case. Xu Moumou and Yi Moumou were originally husband and wife, and their joint debt was 250,000 yuan. After the divorce, Xu disappeared, and Yimou was jointly and severally liable for the debt. The court deducted the deposit under Yimou's name, seized the sports car and real estate under his name, and left more than 30 thousand interest. Yimou has been reluctant to repay. When the executive judge came to Yi's house, he found that 5 million luxury houses were full of brand-name bags and accessories, as well as millions of Porsche sports cars.
When netizens saw this, they left messages: Yimou can repay the interest of 30,000 yuan with only two bags. Yimou, who lives in a luxury house and drives a luxury car, has repeatedly claimed that he has no money to repay. The executive judge conducted a judicial custody on him according to law. Being handcuffed and about to be taken to the detention center, Yimou, who has always insisted that he has no money to pay back, is mainly convinced: "Still, isn't it 30,000 yuan?" I'll return it right away. "She wrote a letter of repentance to the judge and promised to go to court to deal with the remaining debts on Monday.
Second, female Lao Lai will be fined if she can't get beautiful women.
Jiangsu Wang borrowed 6.5438+0.6 million yuan from Han, and was later sued to the court for overdue repayment. After the court's decision, Wang should repay the loan principal and pay interest to Han. However, Wang did not fulfill his obligations according to the effective judgment, and Han applied to the court for enforcement. During the execution period, Wang reported the property to the court according to the summons time, indicating that he could not perform it temporarily due to operating losses. Because Wang did not fulfill his obligations as determined in the effective judgment, the court restricted his high consumption and informed Wang of the legal consequences of violating the order to restrict high consumption.
I thought that the order to limit high consumption would become a "magic spell" to urge Wang to cash it. Unexpectedly, Wang, who longed for beauty, spent more than 20 thousand yuan on beauty consumption at a time when he knew that he had outstanding debts After investigating Wang's high consumption behavior, the executive judge decided to impose a fine of 20,000 yuan on Wang on August 14, and restricted Wang from performing his obligations within half a month, otherwise he would be investigated for criminal responsibility for refusing to perform the judgment according to law. Under the great deterrent of the law, Wang paid all the fines and debts on August 16, and the case was successfully executed.
Third, Lao Lai took a luxury home to drive a luxury car, but he was in arrears for three years.
Wu and Dong go way back. Wu Shuo, when he wants to lend him money and ask the other party to pay him back, people will feel at ease. Applicant Wu Mou: "The agreed time is three months' repayment time, and the result has not been repaid. Sometimes I can contact, sometimes I can't contact. " Wu was forced to apply to the court for enforcement. The court seized the luxury car under Dong's name according to law. In the face of court summons, Dong has always been reluctant to come forward. The court found that Dong's net worth was really more than this car.
Subsequently, the court law enforcement officers rushed to the residence of the Dong couple. Although the court still hasn't found the executor Dong, Dong, who is sitting in this 298-square-meter mansion, can't afford the money at all. Court staff: "The property over there is worth four or five million. We have inquired about the property of the executed person in many places, which is enough to repay the applicant's debt of more than 2 million yuan. For this kind of behavior, our Lianhu District Court has always been active. " Then, the court successively seized another small apartment of Dong and his company.
Many properties were seized by the court, and Dong, who has been slow to show up, can't sit still. He sent several clients to the court to perform corresponding procedures to pay off debts.
typical case
Psychological pressure can promote the debtor's debt repayment behavior, so it is of course necessary to exert psychological pressure on the debtor to pay off the debt within an appropriate limit.
1. Try to find the right factors to create psychological pressure.
According to psychology, there is a reaction only when there is stimulation. In order to make the debtor feel psychological pressure, we must carefully look for external stimuli and conditions that produce psychological pressure. There are many ways and factors that can put pressure on the debtor. For example, within the scope permitted by law, the debt clearing personnel seize the debtor's time, or go to the debtor's home to collect debts, or forcibly take away the debtor's property with the debtor's consent or acquiescence, or look for the debtor's shortcomings and mistakes to create public opinion and expand influence, and so on. Therefore, under the premise of legal discipline, creditors can choose the most favorable factors and create psychological pressure.
2. Improve the debtor's stress awareness.
Different people have different cognitive levels for the same stimulus. For example, stealing is despised by ordinary people, but it is regarded as a just and brave move in some anti-social groups. For another example, cheating is considered by ordinary people to be a very immoral behavior, while some debtors who are used to cheating think that cheating is universal and legitimate, and morality does not matter. At this time, if the debt-clearing personnel only put pressure on it morally, it will not help. Therefore, to enhance the effect of pressure, it is necessary to improve the debtor's cognitive level. For example, explain to the debtor the serious consequences that cheating will bring to himself and his unit, explain the legal consequences of his behavior, and improve his ideological level.
For example, some people despise or don't understand the law, and debt collectors threaten the law, and the effect will not be obvious. It is necessary to point out to him the possible consequences of resorting to law. Some people are shameless and have extremely low moral standards. For debt collectors, it is certainly not very effective to create pressure by exposing their scandals without raising their moral awareness.
3. The time of pressure should be continuous and lasting.
Only constant pressure can make the debtor feel negative and make him listless and depressed. The spread of this emotional state will affect his whole behavior and negatively affect all his activities with emotional contagion. This negative mentality is not only not conducive to normal work, but also sometimes causes contradictions and disputes among family members. Long-term pressure has turned the debt problem into a boulder in the debtor's heart. There is no choice but to pay off the debt to move the stone.
Today, with the development of commodity economy, honesty is not only used for self-discipline, but also a yardstick for a person in social and economic exchanges. However, the more the economy develops, the more acts of dishonesty and the more stubborn people are.
Recently, the National Development and Reform Commission revealed that the first batch of financial blacklists involving about 300 market players with serious dishonesty had been published on the website of Credit China, and were pushed to 2 1 department for joint punishment according to applicable laws and regulations.
There are 298 untrustworthy subjects such as enterprises and natural persons, involving serious untrustworthy debtors, illegal absorption of public deposits, fund-raising fraud, unauthorized issuance of stocks, establishment of financial institutions, etc. 10. ...
This kind of financial crime using the Internet has strong stakeholders, which magnifies the contagion and spillover of financial risks and easily leads to systemic risks and social instability.
What punishment measures are there in the face of Lao Lai's dishonesty?
First, the only housing court in Laolai that can be auctioned.
In the future, only one set of housing is no longer the reason for Lao Lai to evade court enforcement. For example, if the person being executed is 50 years old and his son is 25 years old and has a real estate, even if the person being executed has only one house, it can be executed; There is only one house of 100 square meter in the name of the person subjected to execution. If the applicant provides a small-area house for the person subjected to execution according to the low-rent housing standard, then the house of 100 square meter under the name of the person subjected to execution can be executed; If the applicant executor provides the executor with a lease fee of 5 to 8 years according to the local average lease price, the house with 100 square meter under the executor's name can also be executed.
Typical case Liu Moumou in Shuyang, Suqian City, Jiangsu Province was involved in a private lending dispute, and his only house was auctioned by the court for 8 1 10,000 yuan. Considering the needs of his future family life, the court paid him 50,000 yuan from the auction, which is equivalent to the local rental fee of about 6 years.
Second, seal up and freeze Lao Lai's Alipay account.
The funds in online virtual trading accounts such as Alipay, mobile payment and WeChat payment also belong to the property that the executed person can be executed by the court. Alibaba has dabbled in a wide range and has become an old lai. Book a tourist room, buy insurance, rent a house, date, etc. Online access will be restricted.
From February 20 16, the people's courts and financial institutions sent electronic legal documents through the Internet, and received the result data and electronic receipts of financial institutions' inquiries, freezing, deduction and disposal. In the future, the executive judge can inquire, freeze and deduct the financial property of the executed person in more than 4,000 banking financial institutions across the country with a click of the mouse. Lai, it's not safe to deposit money in any bank in the future!
Third, Lao Lai's list synchronizes sesame credit.
The Supreme People's Court and Sesame Credit signed a memorandum of cooperation on credit punishment for those who have lost their trust. Sesame Credit cooperates with Taobao, Tmall, Chezhibao, Fun Staging and other application platforms, and comprehensively restricts the untrustworthy in consumer finance, ant small loans, credit cards, P2P, hotels, renting houses and renting cars through channels such as the Internet. Untrustworthy people are restricted from applying for loans and financing through Taobao or Tmall platforms, purchasing air tickets, train soft sleepers, insurance wealth management products, non-operating vehicles, travel and holiday products, booking hotels above three stars, and conducting luxury goods transactions online.
Fourth, limit high consumption and prevent people from traveling by land, water and air.
Lao Lai can't buy a plane ticket; Trains can't buy soft sleepers, and ships can't buy second-class cabins; Can't take the first-class seat of high-speed rail and bullet train; Can't buy a private car. Now, Lao Lai's water, land, air and high-speed travel are all blocked. How do you go home and travel?
Lao Lai can't spend at will in hotels, hotels, nightclubs, golf courses and other places above the star level; Want to buy a house, decorate the house is not allowed; Want to travel, want to vacation, can't; If you want to apply for a credit card and loan from the bank, it is difficult to pass the examination and approval!
5. Lao Lai shall not be the boss, director, supervisor or senior manager.
From 20 15 to 12, the national information sharing and exchange application system for people who have lost their trust in industry and commerce was fully put into operation. The State Administration for Industry and Commerce has realized the connection with the the Supreme People's Court special line network, collected the identity information of more than 1.7 million "Lao Lai", and established a database of the list of people who have been executed in bad faith, which is updated daily. Any natural person ("Lao Lai") who has the ability to repay but refuses to repay all or part of the debts due, and is listed in the list of people who have been executed in bad faith by people's courts at all levels in the country, will be punished by credit and may not serve as the legal representative, director, supervisor or senior manager of any company in the country.
Sixth, Lao Lai's vehicles can't get on the expressway.
Car travel under the name of "Lao Lai" will also be restricted, and the entrance and exit of expressway toll stations will be suspended. Chongqing Higher People's Court and the First Team of Municipal High-speed Law Enforcement took the lead in cleaning up Lao Lai at G75, G65 Banan Toll Station, G85 Jiulongpo Toll Station and G93 Shapingba Toll Station. As long as the "Lao Lai" vehicle drives on the high speed, it will be detained at the scene and handed over to the court by high-speed law enforcement.
Seven, Lao Lai's children are not allowed to attend key private schools.
The Supreme People's Court stipulates that parents are Lao Lai, and children are not allowed to attend private schools with high fees.
The typical case was executed by Gao, who was anxious to report to the court that his children could not enter private schools. It turned out that Shimou and Gao appealed to Shishi Court for contract disputes. After mediation organized by the court, Gao should pay Shimou the land transfer fee of 270,000 yuan in two phases. Because Gao did not perform according to the mediation agreement, Shimou applied to the court for enforcement on August 14, 2065438. After Gao did not fulfill his obligation to pay in court and did not declare his property, the court listed him in the list of people who were untrustworthy according to law. Because the school that Gao signed up for his children is a high-fee private school, which belongs to one of the high consumption prohibited by the untrustworthy executor, the school refused Gao to go through the admission procedures for his children.
8. Restrict Lao Lai from trading stocks, buying houses and leaving the country.
65438+ 10/2 1 day, at the press conference held in the Supreme People's Court, the Memorandum of Cooperation on Joint Punishment of Executed Persons for Dishonesty, led by the National Development and Reform Commission and the Supreme People's Court, signed by the People's Bank of China and the Central Organization Department, was released. The memorandum restricts Lao Lai from trading stocks, leaving the country and buying real estate.
Nine, pensions can be directly deducted.
The pension due to the person subjected to execution shall be regarded as the fixed income of the person subjected to execution at a third party and belong to the scope of his responsible property. According to Article 243rd of the Civil Procedure Law of People's Republic of China (PRC), the people's court has the right to freeze or deduct. However, before freezing or deducting, the necessary living expenses of the person subjected to execution and his dependents shall be reserved.
Ten, Lao Lai can be sentenced to a maximum of seven years.
Since 2015438+0110, the criminal law amendment (IX) has been formally implemented, which has aggravated the punishment for "Lao Lai". "Refusing to execute the judgment or ruling of the people's court, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined. "