Case Highlights

1. The house is full of luxury cars and brand-name brands, and the debt of 30,000 yuan will not be repaid

In April this year, the execution judge of a certain district in Suzhou came to In a certain high-end community, a door was opened. This is a financial loan dispute case. Xu Moumou and Yi Moumou were originally husband and wife, and they jointly shouldered a debt of 250,000 yuan. After the two divorced, Xu disappeared. Yi was jointly and severally responsible for the debt. The court deducted the deposits in Yi's name, seized the sports car and real estate in his name, and left more than 30,000 yuan in interest. Yi has never been willing to repay. When the executive judge came to Yi's home, he found that the 5 million mansion was filled with designer bags and accessories, as well as a million-dollar Porsche sports car.

When netizens saw this, they all left messages: Yi could repay the interest of 30,000 yuan with just two bags. But Yi, who lives in a mansion and drives a luxury car, repeatedly claims that he has no money to repay the loan. The execution judge took him into judicial custody in accordance with the law. After being handcuffed and about to be taken to the detention center, Yi, who originally insisted that she had no money to pay back, relented: "Isn't it just 30,000 yuan? I'll pay it back right away." She wrote a letter of repentance and handed it to her. The judge promised to come to court on Monday to settle the remaining debt.

2. The old lady failed to achieve beauty and was fined

A Wang from Jiangsu borrowed 160,000 yuan from Han, and was later sued to court for overdue repayment. The court ruled that Wang should repay the principal of the loan and pay interest to Han. However, Wang failed to fulfill his obligations according to the effective judgment, so Han applied to the court for compulsory execution. During the execution period, Wang reported his property status to the court according to the summoned time, saying that he was currently unable to perform due to business failures. Because Wang failed to fulfill the obligations determined by the effective judgment, the court restricted his high consumption and informed Wang of the legal consequences of violating the high consumption restriction order.

I thought that the high-consumption restriction order would become a "tightening curse" to urge Wang to fulfill it. Unexpectedly, Wang, who loves beauty, spent 20,000 yuan at a time even though he knew that he had unfulfilled debts. Go to beauty salons for beauty consumption. After investigating and collecting evidence on Wang's high consumption behavior, the executive judge decided to fine Wang 20,000 yuan in accordance with the law on August 14 and restricted Wang to perform his obligations within half a month, otherwise he will be prosecuted according to law for refusing to perform. Judgment of criminal liability. Under the huge threat of the law, Wang paid all the fines and debts on August 16, and the case was successfully concluded.

3. Lao Lai owns a mansion and drives a luxury car but has not repaid the debt for 3 years

Wu and Dong are old acquaintances. Wu said that he wanted to borrow the money himself. He was happy to give him the money, and when he asked the other party to repay the money, he felt at ease and relied on the debt. Applicant Wu Mou: "The agreed time was three months for repayment, but the repayment has never been made. Sometimes I can be contacted and sometimes I can't." Wu Mou was forced to have no choice and applied to the court for enforcement. The court seized the luxury car owned by Dong in accordance with the law. Faced with the summons from the court, Dong has always been reluctant to come forward. After an investigation, the court found out that Dong’s net worth was really more than just this car.

Subsequently, the court law enforcement officers rushed to the residence of Dong and his wife. Although the court still did not find Dong, the person subject to execution, Dong, who owned this 298-square-meter mansion, could not afford the repayment. money. Court staff: "The property is worth four to five million yuan. We have made multiple inquiries about the property of the person subject to execution. They are enough to repay the applicant's debt of more than 2 million yuan. Our Lianhu District Court has always taken the initiative to deal with this kind of behavior." "Immediately afterwards, the court successively sealed another small apartment belonging to Dong and his company.

Many properties were seized by the court. Dong, who had not come forward for a long time, could not sit still. He sent several clients to the court to complete the corresponding procedures and pay off the debt.

Typical cases

Psychological pressure can promote debt repayment behavior of debtors, so exerting psychological pressure on debtors within appropriate limits is of course necessary to clear debts.

1. Efforts should be made to find appropriate factors that create psychological pressure

Psychology believes that only when there is stimulation will there be a reaction. To cause psychological pressure on the debtor, we must carefully look for factors that create psychological pressure. External stimuli and conditions. There are many ways and factors that can cause stress to a debtor. For example, within legal limits, debt collectors may linger at the debtor's office, go to the debtor's home to collect debts, take the debtor's property without force to repay the debt with the debtor's consent or acquiescence, or look for the debtor's shortcomings and mistakes to create public opinion. Expand influence, etc. Therefore, debt collectors can choose the most favorable factors to create psychological pressure under the premise of legal permission.

2. To improve the debtor’s awareness of stress

For the same stimulus, different people have different cognitive levels. For example, stealing is despised by most people, but in In some anti-social groups, it is regarded as a legitimate and brave act. For another example, most people think that cheating is a very immoral behavior, but some debtors who are accustomed to fraud think that fraud is common and legitimate, and it does not matter. Morality and immorality. At this time, it will not help if the debt collector only puts pressure on him from a moral perspective. Therefore, to enhance the effect of stress, the debtor's cognitive level must be improved. For example, explain clearly to the debtor the serious consequences that deception will bring to the person and the unit, explain clearly the legal consequences of his behavior, and improve his level of ideological understanding.

For another example, some people despise the law or do not understand the law. If the debt collector and debt collector threaten the law, the effect will not be very obvious. They must be pointed out to him the consequences he may bear if he resorts to law. Some people are shameless and have extremely low moral standards. Debt collectors only create pressure by exposing their scandals without improving their moral awareness, and the effect will certainly not be very good.

3. The duration of the pressure should be continuous and durable

Only continuous pressure can make the debtor feel negative, lethargic and depressed. This is The spread of this emotional state will affect his entire behavior, making all his activities infected with negative emotions. This negative state of mind is not only detrimental to the normal progress of work, but sometimes also causes conflicts and disputes among family members. The long-term pressure makes the debt problem become a huge stone in the debtor's heart. To remove this stone, he has no choice but to pay off the debt.

In today's era of commodity economy development, integrity is not only used for self-discipline, but also a yardstick for a person's social and economic interactions. However, the more the economy develops, the more dishonest behaviors occur and the number of shackles increases.

Recently, the National Development and Reform Commission revealed that it has published the first batch of financial blacklists totaling about 300 seriously untrustworthy market entities on the "Credit China" website and pushed them to 21 departments, in accordance with applicable laws and regulations. Implement joint disciplinary measures against them.

There are 298 cases of dishonest behavior, including enterprises and natural persons, involving 10 types of dishonest behavior such as seriously dishonest debtors, illegal absorption of public deposits, fund-raising fraud, unauthorized issuance of stocks, and establishment of financial institutions...

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This kind of financial crime using the Internet has a strong involvement of many people, thus expanding the contagion and spillover nature of financial risks, and can easily form systemic risks and cause social instability.

What punitive measures are there in the face of these dishonest behaviors of Laolai?

1. The court can auction Lao Lai’s only house

From now on, having only one house will no longer be the reason for Lao Lai to avoid court enforcement. For example, if the person subject to execution is 50 years old and his son is 25 years old and owns real estate, the execution can be carried out even if the person subject to execution only has one house; if the person subject to execution has only one house of 100 square meters in his name, the person applying for execution can pay the rent based on the low rent. If the house standard is to provide the person subject to execution with a small-sized house to maintain his or her daily necessities, then the house of 100 square meters in the name of the person subject to execution can be subject to enforcement; the person applying for enforcement shall rent a house for the person subject to execution according to the local average rental price. If the person provides rental fees for 5 to 8 years, the 100-square-meter house in the name of the person subject to execution can also be executed.

Typical case: Liu Moumou from Shuyang, Suqian City, Jiangsu Province was involved in a private loan dispute. His only house was auctioned by the court for more than 810,000 yuan. Considering his future family life needs, the court used the auction proceeds to Pay him 50,000 yuan, equivalent to about 6 years of local rent.

2. Seize and freeze Laolai’s Alipay account

Funds in online virtual transaction accounts such as Alipay, mobile payment, and WeChat payment are also within the scope of property of the person subject to execution that can be enforced by the court. . Alibaba has a wide range of interests and has become a slut. In the future, online booking of travel housing, insurance, renting, blind dates, etc. will be restricted.

Starting from February 2016, people's courts and financial institutions will send electronic legal documents through the Internet and receive result data and electronic receipts from financial institutions' inquiries, freezing, deductions, and disposals. From now on, the execution judge will be able to check, freeze and deduct the financial property of the person subject to execution in more than 4,000 banking financial institutions across the country with just a click of the mouse without leaving home. Lao Lai, no matter which bank your money is stored in, it will no longer be safe!

3. Synchronization of Lao Lai’s List with Sesame Credit

The Supreme People’s Court and Sesame Credit signed a memorandum of cooperation on credit punishment for dishonest persons subject to enforcement. Zhima Credit works with Taobao, Tmall, China Car Rental, Qufenqi and other application platforms to comprehensively restrict dishonest persons subject to enforcement in consumer finance, Ant Micro Loan, credit card, P2P, hotel, house rental, car rental and other scenarios through the Internet and other channels. The dishonest person subject to enforcement applies for loans and financing, purchases air tickets, train soft sleepers, insurance and financial products, non-essential vehicles for business, travel and vacation products, etc. through Taobao or Tmall platforms, books hotels and hotels with three stars or above, and purchases luxury goods on the Internet. High-consumption activities such as transactions are restricted.

4. Restrict high consumption and prevent Lai Lai from traveling by land, water and air

Lai Lai cannot buy air tickets; cannot buy soft sleepers on trains and second-class or higher cabins on ships; cannot take high-speed rail and high-speed trains First class seats; cannot afford a private car for transportation. Now, Laolai's water, land, air and highway travel are all blocked. How do you get home and travel?

Lao Lai is not allowed to spend arbitrarily in hotels, hotels, nightclubs, golf courses and other places with star ratings or above; he is not allowed to buy a house or renovate a house; he is not allowed to travel or take a vacation; he is not allowed to ask the bank if he wants to Applying for credit cards and loans and getting approved is difficult!

5. Lao Lai is not allowed to serve as boss, director, supervisor or senior executive

From December 2015, the national industrial and commercial dishonesty information sharing and exchange application system will be comprehensive. Go online and run. The State Administration for Industry and Commerce has achieved connectivity with the dedicated line network of the Supreme People's Court, collected the identity information of more than 1.7 million "old people", established a list of dishonest persons subject to execution, and updated it daily.

Any natural person (i.e., "Lao Lai") who is included in the list of dishonest persons subject to execution by the people's courts at all levels across the country because he has the ability to repay but refuses to repay all or part of his due debts will be subject to credit punishment and will not be allowed to serve in any position nationwide. The legal representative, directors, supervisors and senior managers of any company.

6. Laolai’s vehicle cannot get on the expressway

Cars under the name of “Laolai” will also be restricted, and entry and exit of expressway toll stations will be temporarily detained. The Chongqing Higher People's Court and the Municipal Highway Law Enforcement Team took the lead in cleaning up "Lao Lai" at the G75, G65 Banan Toll Station, G85 Jiulongpo Toll Station, and G93 Shapingba Toll Station. As long as the vehicles of "Lao Lai" drive on the highway, they will be detained on site and handed over to the court by highway law enforcement.

7. Children of Lao Lai are not allowed to attend key private schools

The Supreme People's Court stipulates that if the parents are Lao Lai, their children are not allowed to attend high-fee private schools.

In a typical case, Gao, the person subject to execution, came to the court anxiously to report that his children could not enroll in a private school. It turned out that Shi and Gao went to Shishi Court because of a contract dispute. After mediation organized by the court, Gao should pay Shi the land transfer fee of 270,000 yuan in two installments. Because Gao failed to perform according to the mediation agreement, Shi went to the court to apply for compulsory execution on August 14, 2014. Later, Gao failed to go to the court to fulfill his payment obligations and did not declare his property. The court included him in the list of dishonest persons subject to execution according to law. Because the school Gao enrolled his child in was a high-fee private school, which was one of the high-cost items prohibited by the person subject to breach of trust, the school refused to allow Gao to apply for admission for his child.

8. Restrict Lao Lai from stock trading, buying houses, and leaving the country

On January 21, at a press conference held by the Supreme People’s Court, led by the National Development and Reform Commission and the Supreme People’s Court , the "Memorandum of Cooperation on Joint Punishment of Dishonest Persons" jointly signed by 44 units including the People's Bank of China and the Organization Department of the Central Committee of the CPC was released to the public. The memorandum restricts Laolai from stock trading, leaving the country, and purchasing real estate.

9. Pensions can be directly deducted

The pension due to the person subject to execution shall be regarded as the fixed income of the person subject to execution from a third party and belongs to the property for which he is responsible. According to the provisions of Article 243 of the "Civil Procedure Law of the People's Republic of China", the people's court has the power to freeze and deduct the amount. However, before freezing or deducting funds, necessary living expenses for the person subject to execution and his dependent family members should be reserved.

10. Lao Lai can be sentenced to up to 7 years

Starting from November 1, 2015, the "Criminal Law Amendment (9)" was officially implemented, which increased the penalties for "Lao Lai" Punishment related to crime; “If one refuses to execute the judgment or ruling of the People’s Court despite being able to do so, and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. and impose a fine.

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