Legal Analysis
If the person subject to execution has any objection to the list of untrustworthy persons, he may apply to the relevant department for correction. Relevant departments will review the application within 15 working days. After the application is successful, the defaulter will be removed within 3 working days. If the defaulter is a minor, he will not be included in the list of defaulters subject to execution. A dishonest person is one who uses means to make it impossible for the court to execute on the basis of the person being executed, so that the legal rights and interests of the executor cannot be protected, but the person subject to execution is actually capable of execution. For example: maliciously concealing, transferring property, using means such as disappearing, refusing to execute, or even resorting to violent resistance to the law to obstruct execution, etc. The person subject to dishonesty will be included in the credit reporting system by the court and will be networked nationwide. This will have a huge impact on the person's credit system in the future, including being unable to obtain credit, being unable to apply for a credit card, and being restricted from high consumption, etc.
Legal Basis
"Several Provisions of the Supreme People's Court on the Publication of Information on the List of Dishonest Persons Subject to Enforcement" Article 10 If any of the following circumstances occurs, the People's Court shall within three working days Deletion of untrustworthy information: (1) The person subject to execution has fulfilled the obligations specified in the effective legal document or the people's court has completed the execution; (2) The parties have reached an execution settlement agreement and the execution has been completed; (3) The person applying for execution has applied in writing for deletion The information on dishonesty is reviewed and approved by the people's court; (4) After the execution procedure is terminated, the property of the person subject to execution is checked more than twice through the online execution investigation and control system, and no property available for execution is found, and the person applying for execution or other persons has not Providing valid property clues; (5) Due to trial supervision or bankruptcy proceedings, the People's Court decides to suspend execution against the person subject to execution for dishonesty; (6) The People's Court decides not to execute in accordance with the law; (7) The People's Court decides to terminate the execution in accordance with the law of. If there is a time limit for inclusion, the provisions of the preceding paragraph shall not apply. Within three working days after the expiration of the inclusion period, the People's Court shall delete the untrustworthy information. After deleting the untrustworthy information in accordance with the first paragraph of this Article, if the person subject to execution has one of the circumstances specified in Article 1 of this Article, the people's court may re-include him or her into the list of dishonest persons subject to execution. Within six months after deletion of dishonest information in accordance with the third paragraph of paragraph 1 of this article, if the person applying for execution applies to include the person subject to execution in the list of dishonest persons subject to execution, the People's Court will not support it.