Legal analysis
The person subject to breach of trust refers to the person subject to execution who has the ability to perform but fails to perform the obligations specified in the effective legal documents, commonly known as Lao Lai. Log on to the website of the Supreme People's Court, and click on the column of "Publication and Inquiry of Information on the List of Persons Executed by Dishonesty in National Courts" to inquire about the information on the list of persons executed by dishonesty entered by people's courts at all levels in China. As long as the name of the executed person is entered, the relevant information of the executed person will be displayed. According to the provisions of relevant laws and regulations, if the person subjected to execution has the ability to perform but fails to perform the obligations specified in the effective legal documents, and under any of the following circumstances, the people's court shall include him in the list of people subjected to dishonesty and impose credit punishment on him according to law; (1) Obstructing or resisting execution by forging evidence, violence or threats. ; (2) evading execution by false litigation, false arbitration or concealing or transferring property; (3) Violating the property declaration system. (four) in violation of the order to limit high consumption; (5) The person subjected to execution refuses to perform the settlement agreement without justifiable reasons; (six) other people who have the ability to perform refuse to perform the obligations specified in the effective legal documents.
legal ground
Article 3 of the Regulations of the Supreme People's Court Municipality on Restricting the High Consumption and Related Consumption of the Executed Person states that if the executed person is a natural person, he shall not commit the following high consumption and unnecessary consumption behaviors after taking the consumption restriction measures: (1) When taking the means of transportation, choose the second-class or above cabins of airplanes, trains and ships; (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.