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Comprehensive credit line for small enterprises
Legal analysis:

Implement the only housing; The wage income of the person subjected to execution; To implement the pension of the person subjected to execution; Execution of spouse's property; Restrictions on engaging in specific industries or projects; Government support or subsidy restrictions; Qualification restrictions; Restrictions on access qualifications; Honor and credit restrictions; Special market trading restrictions; Restrict high consumption and related consumption; Assist in query, control and exit restrictions.

Legal basis:

Provisions on Several Issues Concerning the People's Court Handling Cases of Objection to Execution and Reconsideration Article 20 If the execution of monetary creditor's rights meets any of the following circumstances, the people's court will not support it on the grounds that the subject matter of execution is the residential house necessary for the maintenance of the person subjected to execution and his dependents: (1) There are other residential houses necessary for the maintenance of the person subjected to execution; (two) after the execution basis comes into effect, the person subjected to execution transfers other houses under his name in order to avoid debts; (3) The application executor provides housing for the executor and his dependent family members according to the local low-rent housing security area standard, or agrees to deduct the rent for five to eight years from the variable housing price with reference to the average rent standard in the local housing rental market. According to the execution basis, the house delivered by the person subjected to execution shall be given a grace period of three months from the date of delivery of the execution notice. If the person subjected to execution raises an objection on the grounds that the house is a necessity for himself and his dependents, the people's court will not support it.

Article 313 of the Criminal Law of People's Republic of China (PRC) refuses to execute the judgment or ruling of the people's court, and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

In order to fairly protect the legitimate rights and interests of creditors and retired debtors, according to the relevant provisions of the General Principles of the Civil Law, when other executable property or income of retirees is insufficient to pay off debts, the people's court may request the pension payment unit or social security institution of retirees to assist in deducting their pensions or retirement pensions to pay off the debts of retirees. The above-mentioned units or institutions shall provide assistance. When the people's court carries out the execution, it shall reserve necessary living expenses for retirees. The standard of living expenses can be determined with reference to relevant local standards.

The Supreme People's Court's "Reply on Requesting Social Security Institutions to Assist in Freezing and Deducting the Pensions of the Executed Person", the pension due to the executed person shall be regarded as the fixed income of the executed person 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.

Article 24 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II) stipulates that during the existence of the marriage relationship, if the creditor claims the rights of the debts incurred by one of the spouses in his own name, it shall be regarded as the debts of the husband and wife. It can be seen that in the presumption of the nature of husband and wife's debt, Judicial Interpretation of Marriage Law (II) clearly presumes that * * * is the same debt. Unless there is evidence to the contrary to prove that it is not the same debt, or the agreed property belongs to each other.

Article 3 of "Several Provisions of the Supreme People's Court on Restricting the High Consumption and Related Consumption of the Executed Person" restricts the following high consumption: when taking the means of transportation, choose the second-class cabin or above of the plane, train and ship; High consumption in hotels, hotels, nightclubs, golf courses and other places above the star level; Purchase real estate or build, expand or decorate high-grade houses; Rent high-end office buildings, hotels, apartments and other places to work; Purchase non-operating vehicles; Travel, vacation; Private schools with high fees for children; Pay high premiums to buy insurance wealth management products; Take all seats on G-prefix EMU trains, first-class seats on other EMU trains and other non-essential consumption behaviors.

* * * The General Office of the Central Committee and the General Office of the State Council issued "Opinions on Accelerating the Construction of Credit Supervision, Warning and Punishment Mechanism for the Executed Person with Bad Faith (1) Restrictions on Engaging in Specific Industries or Projects 1. Restrictions on the establishment of financial companies. The relevant information of the person subject to dishonesty will be used as a prudent reference for the examination and approval of the establishment of banking financial institutions and their branches, as well as the examination and approval of the establishment of securities companies, fund management companies and futures companies and the registration of private investment fund managers. Restrict the establishment of financing guarantee companies and insurance companies by the person who is untrustworthy. 2. Restrictions on issuing bonds. Strictly examine the issue of bonds by the untrustworthy executors in the inter-bank market, and restrict the public issuance of corporate bonds by the untrustworthy executors. 3. The amount limit of qualified investors. In the approval and management of qualified foreign institutional investors and qualified domestic institutional investor quota, the situation of dishonesty is taken as a prudent reference. 4. Equity incentive restrictions. If the person subjected to execution is a domestic state-controlled listed company due to dishonesty, assist in suspending its equity incentive plan; Assist in terminating the exercise qualification of equity incentive objects of state-controlled listed companies. 5. Restrictions on stock issuance or listing. Take the information of the person who is untrustworthy as a reference for the stock issuance and public transfer listed in the national share transfer system for small and medium-sized enterprises. 6. Restrictions on the establishment of social organizations. Take the information of the person subject to dishonesty as a reference for initiating the approval and registration of the establishment of social organizations, and restrict the person subject to dishonesty from initiating the establishment of social organizations. 7. Participate in government investment projects or projects that restrict the main use of financial funds. Assist the people's court to inquire about the information of government procurement projects; Restrict the person who is untrustworthy from participating in government procurement activities as a supplier according to law; According to the law, the person subjected to dishonesty is restricted from participating in government investment projects or projects that mainly use financial funds. (b) Restrictions on government support or subsidies 1. Restrictions on access to government subsidies. Restrict the person who is untrustworthy from applying for government subsidy funds and social security funds. 2. Restrictions on obtaining policy support. When examining and approving applications for policy support such as investment, import and export, science and technology, we should inquire whether the relevant institutions and their legal representatives, actual controllers, directors, supervisors and senior managers are untrustworthy executors, as a prudent reference for them to enjoy the policies. (3) Qualification restriction 1. Being an executive of state-owned enterprises is limited. Because the person subjected to execution is an individual, he is restricted from serving as a director, supervisor or senior manager of a wholly state-owned company or a state-owned capital holding company, or a director, supervisor or senior manager sent or recommended by the state-owned equity party of a state-owned capital shareholding company; Those who have already held relevant posts shall be relieved of their posts in accordance with relevant procedures. 2. Restrictions on being the legal representative of public institutions. If the trusted person is an individual, it is restricted to register as the legal representative of the institution. 3. Restrictions on being an executive of a financial institution. Restrict the person subject to execution who has lost his trust from serving as a director, supervisor or senior manager of banking financial institutions, securities companies, fund management companies, futures companies, insurance companies and financing guarantee companies. 4. Restrictions on being the head of a social organization. If the untrustworthy person is an individual, his registration or filing is limited to the person in charge of the social organization. 5. Recruitment (employment) is limited to civil servants. Restricted employment (employment) where the person subject to breach of trust is a civil servant or a staff member of a public institution, and the on-the-job civil servant or staff member of a public institution is determined to be the person subject to breach of trust, the situation of breach of trust shall be taken as a reference for its evaluation, evaluation, promotion and promotion. 6. Special restrictions on joining the Party or party member. Will strictly abide by the law, fulfill the obligations stipulated in the effective legal documents, as an important reference for applying to join the China * * * production party, preparing for party member to become a formal party member, and party member to evaluate, evaluate, promote and advance. 7. restrictions on serving as party representatives, NPC deputies and CPPCC members. The person subjected to execution due to breach of trust is an individual, and may not be a candidate for Party congresses, deputies to people's congresses and CPPCC members at all levels recommended by the organization. 8. restrictions on enlistment. If the person subjected to execution due to dishonesty is an individual, the situation of dishonesty should be taken as an important reference for the evaluation, evaluation, promotion and promotion of enlisted and active and reserve officers. (4) Entry qualification limit 1. Restrictions on customs certification. Restrict untrustworthy people from becoming customs certification enterprises; When handling customs clearance business, the person subject to breach of trust shall implement strict supervision and strengthen document review or monitoring and inspection. 2. Restrictions on engaging in pharmaceutical, food and other industries. Strictly examine and approve the person who is untrustworthy to engage in the pharmaceutical and food safety industries; Restrict the person who is untrustworthy from engaging in dangerous chemicals production, operation and storage, fireworks production and operation, mine production and safety evaluation, certification, testing, inspection and other industries; Restrict the person who has been executed for breach of trust from being the main person in charge, director, supervisor or senior manager of the above-mentioned industrial units, and if he has already held relevant positions, he shall be changed according to the requirements of the prescribed procedures. 3. Qualification restrictions of real estate and construction enterprises. Record the real estate and construction enterprises' failure to fulfill the obligations specified in the effective legal documents in accordance with the law in the credit files of the real estate and construction markets, disclose relevant information to the society, and limit their enterprise qualifications. (5) Restrictions on honor and credit 1. Limit awards to civilized cities, civilized villages and towns, civilized units, civilized families, moral models and charities. The implementation of the effective judgment of the people's court is regarded as the precondition for the selection of civilized villages and towns, civilized units and civilized families, and as the index content for the evaluation of civilized cities. Relevant institutions, their legal representatives, actual controllers, directors, supervisors and senior management personnel who are executed in breach of trust shall not participate in the selection of civilized units and charitable awards, and shall be revoked if they are included in the honorary title and charitable awards of civilized units obtained after the execution of dishonesty. The person subjected to dishonesty is an individual and may not participate in the selection of moral model and charity award, and the honorary title of moral model and charity award obtained after being included in the person subjected to dishonesty shall be revoked. 2. Honor restrictions of lawyers and law firms. Assist the people's court to inquire about the lawyer's identity information and law firm registration information of the person subjected to dishonesty; If the person subjected to execution is a lawyer or law firm because of dishonesty, he shall be restricted from participating in the evaluation before the evaluation within a certain period. 3. Credit restrictions. Banking financial institutions should check whether the intended credit recipients and their legal representatives, principal responsible persons, actual controllers, directors, supervisors and senior managers are the persons who have been executed for breach of trust when granting financing credit, and strictly examine the intended credit recipients. (6) Restrictions on special market transactions 1. Restrictions on real estate transactions and state-owned assets transactions. Assist the people's court to inquire about the registration of real estate, and restrict the legal representative, the principal responsible person, the actual controller and the person directly responsible for affecting the performance of debts from buying or obtaining real estate, land use rights and other real estate; Restrict the person who is untrustworthy from engaging in the development and utilization of real estate resources such as land and minerals, and participate in state-owned property rights transactions such as state-owned enterprise assets and state-owned assets. 2. Restrict the use of state-owned forest land. Restrict the untrustworthy executors from declaring the use of state-owned forest land projects; Restrict its declaration of key forestry construction projects. 3. Use grassland restrictions. Restrict untrustworthy people from declaring and occupying grassland projects; Restrict its declaration to undertake national grassland protection and construction projects. 4. Restrict the use of other state-owned natural resources. Restrict the malicious executors from declaring state-owned natural resources utilization projects and key natural resources protection and construction projects such as water flow, sea areas, uninhabited islands, mountains, wasteland and beaches. (7) Restrict high consumption and related consumption 1. Restrictions on travelling by train and plane. Restrict the legal representative, the principal responsible person, the actual controller, the person directly responsible for debt performance from taking the train soft sleeper, all seats on the G-prefix EMU train, first-class and above seats on other EMU trains, civil aviation aircraft and other unnecessary consumption behaviors. 2. Hotel accommodation restrictions. Restrict the legal representative, the principal responsible person, the actual controller, and the directly responsible personnel who affect the performance of debts from staying in high-consumption accommodation places such as star-rated hotels and hotels above the national level; Limit their consumption in high-consumption places such as nightclubs and golf courses. 3. High consumption travel restrictions. Restrict the person subjected to execution of dishonesty and its legal representative, principal responsible person, actual controller and person directly responsible for debt performance from participating in outbound travel organized by travel agencies and enjoying other services related to outbound travel provided by travel agencies; The consumption of the person who has broken his promise in the resort or the tourism enterprise that has obtained the tourism grade shall be subject to quota control. 4. Restrictions on children attending high-fee schools. Restrict the legal representative, principal responsible person, actual controller and the person directly responsible for affecting the performance of debts from paying their children to attend high-fee private schools with their property. 5. Restrictions on purchasing insurance with cash value. Restrict the person who has been executed for breach of trust and its legal representative, principal responsible person, actual controller, and the person directly responsible for debt performance from paying high premiums to purchase insurance products with cash value. 6. Restrict the construction, expansion and high-grade decoration of houses. Restrict the legal representative, the principal responsible person, the actual controller, and the directly responsible personnel who affect the performance of debts from building, expanding, high-grade decorating houses, buying non-operating vehicles and other unnecessary consumption behaviors. (eight) to assist in the inquiry, control and restriction of exit; Assist the people's court to inquire about the identity, entry and exit certificate information and vehicle information of the person who has been executed in breach of trust according to law; Assist in sealing up and detaining the vehicle under the name of the person who has lost his trust; Assist in finding and controlling the person whose whereabouts are unknown; And restrict the departure of those who have lost their trust. (9) Strengthen daily supervision and inspection. Take the unit where the person subjected to dishonesty and its legal representative, principal responsible person, actual controller, directors, supervisors and senior management personnel belong as the key supervision object, strengthen daily supervision, increase the proportion and frequency of spot checks, and take administrative supervision measures against them in accordance with relevant laws and regulations. (10) Increase criminal punishment. Public security, procuratorial organs and people's courts should promptly investigate, prosecute and try the refusal to execute effective judgments and rulings and other acts that hinder the execution and constitute a crime.