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Latest legal provisions for Laolai

"Lao Lai", in a popular sense, is a person who owes money and refuses to repay. In a legal sense, "Lao Lai" generally refers to a debtor who has the ability to repay debts but refuses to repay, or a person who has ability to perform but not fulfill the obligations determined by effective legal documents. The "Civil Procedure Law" stipulates a series of compulsory measures for enforcement. However, due to the difficulty of enforcement, in recent years, a series of measures to restrict Lao Lai have been introduced. The details are as follows: 01 Enforcement of general property 1. Enforcement of the real estate of the person subject to execution;

2. Enforcement of motor vehicles, ships, aircraft and other means of transportation of the person subject to execution;

3. Enforcement of the person subject to execution's machinery and equipment and other movable property;

4. Enforcement of the equity of the person subject to execution;

5. Enforcement of the shares of the person subject to execution: including domestic Listed company stocks, especially tradable stocks; agency equity transfer system (commonly known as "three board") stocks;

6. Enforcement of deposits of persons subject to execution;

7. Enforcement Property corresponding to the person subject to execution's warehouse receipts and bills of lading;

8. Enforcement of the person's fund shares;

9. Enforcement of the person's bonds and other securities ;

10. Enforce the execution of gold, silver and other precious metals of the person subject to execution;

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

12. Enforcement Enforce the intellectual property rights (patent rights, trademark rights, copyrights) of the person subject to execution;

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

14. Enforce the execution The person's due creditor's rights and court judgment rights;

15. Other properties with higher realizable value;

16. All properties in the name of the person subject to execution can be executed (special circumstances , except for special targets).

In addition to being punished under criminal law, if the lao Lai refuses to execute the court's judgment, the court can enforce the lao lai's only housing or directly enforce his wages. If the pensioner is unemployed, the court may decide to freeze the pensioner's pension account.

Enforcement of some special subjects: enforcement of unlicensed properties. Execution of real estate registered in the name of another person is subject to execution. Enforcement of houses built without approval on collective land. Enforcement of unlicensed houses built on state-owned construction land. Carry out pre-sale of commercial housing. Implement housing provident fund. Execution of property owned by persons not involved in the case (including spouse).

On June 21, 2022, the "Civil Enforcement Law of the People's Republic of China (Draft)" (hereinafter referred to as the "Draft") was submitted to the 35th Session of the Standing Committee of the 13th National People's Congress Initial review at the meeting.

(1) The draft clearly states the conditions for inclusion in the list of dishonest persons subject to execution, including:

1. Having the ability to perform but refusing to perform;

2. Litigation, false arbitration, false notarization, or evading performance by concealing, transferring, damaging property, etc.;

3. Hiding, forging, destroying evidence, using violence, threats, or bribery to prevent witnesses from testifying or instigating, Bribery, coercing others into committing perjury;

4. Consumption in violation of consumption restrictions; etc.

A simple summary is that more severe measures will be taken to deal with real scammers. Make their living space even narrower, including extending the detention time, forcing them to better fulfill the legal judgment

If they are included in the list of dishonest persons subject to execution, it will have an impact on their children, mainly affecting their schooling. High tuition private schools. Article 3 of the "Several Provisions of the Supreme People's Court on Restricting Excessive Consumption of Persons Subject to Execution": If the person subject to execution is a natural person, after being restricted from high consumption, he shall not engage in the following acts of paying expenses with his property:

( 1) When taking transportation, choose second-class or above cabins on airplanes, trains, and ships;

(2) Make high-end purchases in star-rated hotels, hotels, nightclubs, golf courses and other places;

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(3) Purchase real estate or newly build, expand or high-end decorated houses;

(4) Leasing high-end office buildings, hotels, apartments and other places for office work;

(5) Purchase Vehicles not necessary for business operations;

(6) Traveling and vacationing;

(7) Children attending high-fee private schools;

(8) Paying high insurance premiums Purchase insurance and financial products;

(9) Other high-consumption behaviors that are not necessary for life and work.

If the person subject to execution is a unit, after being restricted from high consumption, the person subject to execution and his legal representative, principal person in charge, and persons directly responsible for affecting debt performance are prohibited from using the unit's property to perform the acts specified in paragraph 1 of this article.

Legal basis:

Article 238 of the "Civil Procedure Law" confers compulsory execution effect to the notary authority in accordance with the law. If one party fails to perform the debt instrument, the other party may file a request for The People's Court with jurisdiction applies for execution, and the People's Court subject to the application shall execute the application. If there is indeed an error in the notarized creditor's rights document, the People's Court shall rule not to enforce it and shall serve the ruling to both parties and the notary office.