"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 a debtor who has the ability to repay debts, but refuses to repay them, 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 compulsory measures for enforcement, but in recent years, a series of measures have been introduced to restrict Lao Lai. The details are as follows:

1

Enforcement of general property

1. Enforcement of the real estate of the person subjected to execution;

2. Enforce the motor vehicle, ship, aircraft and other means of transport 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 stocks of domestic listed companies, especially negotiable stocks; Acting as an agent for the shares of 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;

1. Enforce the execution of precious metals such as gold and silver;

11. Enforce the mineral rights and interests of the person subjected to execution;

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

13. Enforce the accounts receivable of the person subjected to execution;

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

15. Other properties with high realization value;

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

2

Enforcement of some special targets

1. Implement the only house.

according to the provisions of article 2 of the provisions of the Supreme People's Court on several issues concerning people's courts handling cases of execution objection and reconsideration, the only house can still be executed if it meets the requirements.

2, the implementation of unlicensed real estate.

Notice of the Supreme People's Court on Forwarding the Letter of the Ministry of Housing and Urban-Rural Development on Relevant Issues Concerning the Registration of Property Rights of Unlicensed Property Based on the Instruments of Assistance in Execution, and the unlicensed property can also be executed.

3. execute the property registered in another person's name.

according to article 8 of the notice of the Supreme People's Court, the Ministry of land and resources and the Ministry of construction on several issues concerning standardizing the execution of people's courts and the assistance of land, resources and real estate management departments in execution according to law, the execution court shall submit to the land, resources and real estate management departments the inheritance certificate, effective judgment, execution ruling and notice of assistance in execution of the land use right and house that the person subjected to execution has obtained due to inheritance, judgment or compulsory execution. After the compulsory transfer of the real estate that the person subjected to execution has not handled the transfer, it will be executed.

4. execute houses built on collective land without approval.

According to the Notice of the Supreme People's Court on Forwarding the Ministry of Housing and Urban-Rural Development (Law [212] No.151), the "status quo disposal" can be carried out.

5. execute the property such as factory buildings, office buildings and dormitories built on leased collective land.

under the premise of not changing the lease contract, the collective economic organization can be informed before the disposal, and then the "status quo disposal" can be carried out without the consent of the collective economic organization.

6. Implement unlicensed houses built on state-owned construction land.

According to the Notice of the Supreme People's Court on Forwarding to the Ministry of Housing and Urban-Rural Development (Law [212] No.151), unlicensed houses built on state-owned construction land can be disposed of. The executive court shall seek the opinions of the administrative organ on whether the house can be converted into a certified house, and take it as a reference to determine the value of the unlicensed house.

7. Implement the pre-sale of commercial housing.

the person subjected to execution has paid all the house price to the developer (the person subjected to execution pays part of the house price by himself and part of the bank loan), and the bank has registered the mortgage advance notice (pre-mortgage registration). In the case of pre-sale of commercial housing, if the developer or the person subjected to execution cancels the contract by arbitration or litigation after the pre-sale of commercial housing is pre-sealed by the court, the people's court may continue to execute the pre-sale of real estate.

according to paragraph 1 of article 243 of the civil procedure law, the income of the person subjected to execution can be executed by withholding or withdrawing. If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to detain and withdraw the income of the person subjected to execution that should perform the obligations.

9. execute the pension of the person subjected to execution.

On June 24th, 214, the Supreme People's Court's Reply on Asking Social Security Institutions to Assist in Freezing and Deducting the Pensions of the Executed Persons (214) clearly confirmed that social security institutions, as pension issuing institutions, have the obligation to assist the people's courts in freezing and deducting the pensions due to the executed persons.

1. Implement retirement pension or pension for retirees.

According to the Reply of the Supreme People's Court Research Office on the Question of Whether Retirees' Retirement Pensions can be Deducted to Pay off Their Debts in the Execution Procedure, in the case that other executables or incomes of retirees are insufficient to pay off their debts, the people's court may ask their pension payment units or social security institutions to assist in deducting their retirement pensions or pensions to pay off their debts.

11. Implement housing accumulation fund.

according to the reply of the Supreme People's Court on the compulsory execution of housing provident fund ([213] Zhi He Zi No.14), the execution court can enforce the storage balance in the housing provident fund account of the executed person under the condition of ensuring the basic living and living conditions enjoyed by the executed person according to law.

12. execute the property owned by outsiders (including spouses).

The effective legal document only states that the person subjected to execution is the debtor, and the enforcement court can enforce the following properties:

a) deposits, equity (shares), financial products, etc. in the name of the spouse of the person subjected to execution, real estate and vehicles registered in the unilateral name of the spouse of the person subjected to execution after marriage, and real estate and vehicles registered in the names of both the person subjected to execution and his spouse after marriage.

b) the * * * property registered in the name of the person subjected to execution and others, and the property registered in the name of an outsider but recognized by the outsider as the property of the person subjected to execution or agreed to be enforced as the property of the person subjected to execution.

13. execute the property under the children's name.

a) the enforcement court may enforce the deposit of a large amount in the name of the minor children of the person subjected to execution, the property, vehicle registered in the unilateral name of the minor children of the person subjected to execution or the property registered in the names of the minor children of the person subjected to execution.

b) execute huge property of unknown origin of minor children.

c) Property purchased in the name of children during the execution of liabilities. In 219, the Supreme People's Court (219) Supreme People's Application No.258 ruled that the debtor purchased the house in the name of his children and transferred it to the name of his children while knowing that there were still outstanding debts, which seriously affected his responsible property and constituted a major adverse impact on the realization of creditors' claims, and this behavior constituted damage to creditors. Therefore, the house involved should be responsible for the family's external debts as a family property.

14. The mobile phone number of the person to be executed in the auction.

case 1: in November, 221, the court in Yichuan county, Luoyang city successfully auctioned the mobile phone number with the surname "9999999" for 445,5 yuan.

case 2: in the process of executing its (216) Yu 822 Minchu No.139 civil judgment, the court of Bo 'ai County in Jiaozuo auctioned a mobile phone card with the number of 15****88888 in the name of the person subjected to execution at the highest price of 2, yuan on August 25th, 217.

15. execute the property in tenpay.

At present, there is no problem for Tencent to assist the court in enforcing the property in Tenpay. Tencent has even set up a special department to dock with the court for enforcement. Foreign courts can entrust the Nanshan District Court in Shenzhen or send personnel to Tencent for enforcement.

16. execute the property in AliPay.

the property in the AliPay account also belongs to the property of the person subjected to execution, and the court has the right to seal up, freeze and deduct the Alipay account under the name of the person subjected to execution, and there is no problem in practice.

17. execute the property in Tik Tok and other network platforms.

3

All-round restrictive measures

1. Restrict high consumption.

according to article 3 of the regulations of the Supreme People's Court on restricting the high consumption and related consumption of executed persons, which came into effect on July 22, 215, the following high consumption is restricted:

a) when taking transportation, choose the second-class or above cabins of airplanes, soft sleeper trains and ships;

b) make high consumption in hotels, hotels, nightclubs, golf courses and other places above the star level;

c) purchasing real estate or building, expanding or high-grade decorating houses;

d) lease high-grade office buildings, hotels, apartments and other places to work;

e) purchase vehicles that are not necessary for operation;

f) Travel and vacation;

g) children attend private schools with high fees;

h) paying a high premium to purchase insurance wealth management products;

i) other non-essential consumption behaviors such as taking all the seats of the G-prefix EMU train and the first-class seats of other EMU trains.

2, engaged in specific industries or project restrictions.

opinions on accelerating the construction of credit supervision, warning and punishment mechanism for those who have broken their promises issued by the General Office of the Central Committee of China and the General Office of the State Council on September 25th, 216 put forward all-round restrictions, including:

a) restrictions on setting up financial companies.

b) restrictions on issuing bonds.

c) quota limit for qualified investors.

d) equity incentive restrictions.

e) restrictions on the transfer of shares issued or listed.

f) restrictions on the establishment of social organizations.

g) participation in government investment projects or restrictions on projects mainly using fiscal funds, etc.

On January 2th, 216, led by the National Development and Reform Commission and the Supreme People's Court, the People's Bank of China, the Central Organization Department, the Central Propaganda Department, the Central Organization Office, the Central Civilization Office, the Supreme People's Procuratorate and other 44 units jointly signed the Memorandum of Cooperation on Joint Punishment of the Executed Person for Breach of Trust, which * * * proposed 55 disciplinary measures to set up financial institutions, engage in civil and commercial activities, and enjoy preferential policies.

3. government support or subsidy restrictions.

a) restrictions on obtaining government subsidies. Restrict the person who is untrustworthy from applying for government subsidy funds and social security funds.

b) restrictions on obtaining policy support. Restricting the policy of the person who has been executed in breach of trust in obtaining government subsidies, approving investment, import and export, science and technology and other policy support.

4. qualification restrictions.

a) restrictions on being an executive of a state-owned enterprise.

b) restrictions on being the legal representative of public institutions.

c) restrictions on being an executive of a financial institution.

d) restrictions on being the head of a social organization.

e) recruitment (employment) is restricted to public servants.

f) Special restrictions on joining the Party or party member.

g) restrictions on serving as party representatives, deputies to the National People's Congress and CPPCC members.

h) restrictions on enlistment, etc.

5. Restrictions on entry qualifications.

a) including customs certification restrictions.

b) engaging in restrictions on pharmaceuticals, food and other industries.

c) qualification restrictions for real estate and construction enterprises.

6. Honor and credit limit.

a) there are restrictions on awarding prizes to civilized cities, civilized villages and towns, civilized units, civilized families, moral models and charities.

b) restrictions on the honor of lawyers and law firms.

c) credit limit.

7. restrictions on trading in special markets.

a) restrictions on engaging in real estate transactions and state-owned assets transactions.

b) restrictions on the use of state-owned forest land.

c) use grassland restrictions.

d) restrictions on the use of natural resources in other countries.

(Please read the "Opinions on Accelerating the Construction of Credit Supervision, Warning and Punishment Mechanism for the Executed Person with Bad Faith" for details in paragraphs 2-7 above)

8. Can't be the legal representative, director, supervisor or senior manager of the enterprise.

In March 214, the Central Civilization Office, the the Supreme People's Court, the Ministry of Public Security, the State-owned Assets Supervision and Administration Commission of the State Council, the State Administration for Industry and Commerce, the China Banking Regulatory Commission, the Civil Aviation Administration of China, and the China Railway Corporation issued a notice on "Building a Memorandum of Cooperation on Honesty, Punishment and Dishonesty" (Civilization Office [214] No.4), which made it clear that the person subjected to dishonesty was a natural person and could not be the legal representative, director, supervisor or senior of the enterprise.

9. Restrict the bidding activities of bidders, bidding agencies, bid evaluation experts and other bidding practitioners.

On September 22nd, 216, the Supreme People's Court, the National Development and Reform Commission and other nine departments jointly issued the Notice on Implementing Joint Punishment on the Executed Person in the Bidding Activities, which restricted the bidding activities, bidding agency activities, bid evaluation activities and bidding activities of the executed person in breach of trust.

1. Restrict online payment tools and credit granting such as Alipay and Sesame Credit.

On July 24th, 215, the Supreme People's Court and Sesame Credit signed a memorandum of cooperation on credit punishment for those who broke their promises, and the Supreme People's Court officially authorized third-party commercial credit reporting agencies to jointly punish credit through the Internet. Sesame Credit, together with Taobao, Tmall, CAR Inc., Fun Staging, Where to Travel, I Love My Family and other application platforms, comprehensively restricts the untrustworthy executors in consumer finance, ant small loans, credit cards, P2P, hotels, renting houses and renting cars, and reduces the living space of the untrustworthy executors. The main measures are as follows: restricting the financial behaviors such as applying for loans and financing by the person who is untrustworthy; Restrict the person who is untrustworthy from purchasing air tickets, train soft sleepers, insurance wealth management products, non-operational vehicles, tourism and holiday products through Taobao or Tmall platforms; Restrict the booking of hotels and hotels with more than three stars; Restrict the consumer behavior such as luxury goods trading on the Internet by the untrustworthy executor.

11. Restrict real estate transactions such as online signing and filing.

On March 1, 218, the National Development and Reform Commission, the the Supreme People's Court and the Ministry of Land and Resources jointly issued the Notice on Implementing Disciplinary Measures to Restrict Real Estate Transactions for Persons Executed in Breach of Trust, which restricted Lao Lai from participating in the judicial auction of houses, obtaining land supplied by the government, and taking measures such as information exchange and sharing.

On August 1, 219, the Ministry of Housing and Urban-Rural Development issued "Business Specification for Online Signing and Filing of Housing Transaction Contracts (Trial)", which made it clear that "Lao Lai" was not allowed to make online signing and filing of housing.

12. Audit the accounts of the executed person.

if a legal person or other organization as the person subjected to execution fails to perform the obligations specified in the effective legal documents, and the applicant for execution thinks that it has refused to report, falsely reported the property, concealed or transferred the property, evaded the debt, or its shareholders and investors have made false capital contributions or evaded the capital contributions, it may apply in writing to the people's court to entrust an audit institution to audit the person subjected to execution.

13. Restrict the children of the person who has been executed for dishonesty from attending private schools with high fees. <