Lao lai's latest legal provisions

"Lao Lai" is a person who owes money and doesn't pay it back in the popular sense. In the legal sense, "Lao Lai" generally refers to the debtor who has the ability to repay the debt but refuses to repay it, or who has the ability to perform but fails to perform the obligations specified in the effective legal documents. The civil procedure law stipulates a series of enforcement measures, but in recent years, a series of measures have been introduced to limit Lao Lai. The details are as follows: 0 1 general property enforcement 1. Enforcement of the real estate of the person subjected to execution;

2. Enforcing the motor vehicle, ship, aircraft and other means of transportation of the person subjected to execution;

3. Enforce the movable property such as the machine and equipment of the person subjected to execution;

4. Enforce the equity of the person subjected to execution;

5. Enforcing the stocks of the person subjected to execution: including the stocks of domestic listed companies, especially the tradable shares; Acting as an agent for shares in the equity transfer system (commonly known as the "third board");

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

7. Enforce the property corresponding to the warehouse receipt and bill of lading of the person subjected to execution;

8. Enforce the fund share of the person subjected to execution;

9. Enforce the bonds and other securities of the person subjected to execution;

10. Enforcement of precious metals such as gold and silver;

1 1. Enforce the mining rights and interests of the person subjected to execution;

12. Enforce the intellectual property rights (patents, trademarks, copyrights) of the person subjected to execution;

13. Enforce the accounts receivable of the executed person;

14. Enforce the creditor's rights due and the court's judgment rights of the person subjected to execution;

15. Other properties with high realized value;

16. All the property under the name of the person subjected to execution can be executed (except for special circumstances and special objects).

In addition to being punished by the criminal law, if Lao Lai refuses to execute the court decision, the court can execute Lao Lai's only house or directly execute his salary. If Lao Lai has no job, the court can decide to freeze Lao Lai's pension account.

The implementation of some special goals: the implementation of unlicensed real estate. Execute property registered in another person's name. Execute houses built on collective land without approval. Implement unlicensed houses built on state-owned construction land. Implement pre-sale of commercial housing. Implement housing provident fund. Execute all the property of outsiders (including spouses).

On June 2, 2022, KLOC-0, People's Republic of China (PRC) Civil Execution Law (Draft) (hereinafter referred to as "Draft") was submitted to the 35th session of the 13th the National People's Congress Standing Committee (NPCSC) for initial consideration.

(a) the conditions for the draft to be clearly included in the list of people who have lost their trust, including:

1, refused to perform due to its ability to perform;

2. Evading performance by false litigation, false arbitration, false notarization or concealing, transferring or destroying property;

3. Hiding, forging or destroying evidence, preventing witnesses from testifying by violence, threats or bribery, or instigating, bribing or coercing others to commit perjury;

4. Violation of consumption restriction orders; wait for

To sum up briefly, we will take more severe measures to treat Zhen Laolai, making his living space narrower, including extending the detention time and forcing him to better fulfill his legal judgment.

If it is included in the list of people who have lost their trust, it will have an impact on their children, mainly affecting high-priced private schools. Article 3 of the Provisions of the Supreme People's Court on Restricting the High Consumption of the Executed Person: If the executed person is a natural person, after being restricted from high consumption, the following acts of paying expenses with his property shall not be carried out:

(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. If the person subjected to execution is a unit, it is forbidden for the person subjected to execution, his legal representative, the principal responsible person and the person directly responsible for affecting the performance of debts to carry out the acts specified in the first paragraph of this article with the unit property after being restricted from high consumption.

Legal basis:

Article 238 of the Civil Procedure Law: If one party fails to perform the creditor's rights documents that can be enforced by the notary office according to law, the other party may apply to the people's court with jurisdiction for enforcement, and the people's court applying for enforcement shall enforce it. If the notarized creditor's rights document is indeed wrong, the people's court shall rule that it will not be executed, and serve the ruling on both parties and the notary office.