A Brief Talk on the Breach of the person subjected to execution

        　　"Debt repayment" is a well-known rule, but there are always debtors who do not keep their promises and have the ability to fail to perform their obligations. Therefore, it is included in the "Breach of the person subjected to execution list" by the People's Court. The establishment of Breach of the Person Subjected to Execution List is precisely to urge those who have the ability to fulfill but refuse to fulfill their obligations in time by means of credit punishment. This issue of Legal Column will further analyze the life limitations of Breach of the person subjected to execution and how to get rid of this stigma.

        What is Breach of the person subjected to execution?
         Those who are able to repay the money but refuse to repay it in accordance with the effective judgment of the court will be included in the list of "Breach of the person subjected to execution", commonly known as "Lao Lai". Specifically refer to Article 1 of the Provisions of the Supreme People's Court Concerning the Publication of Breach of the Person Subjected to Execution List Information: If the person subjected to execution fails to fulfil the obligations set forth in the effective legal documents and has one of the following circumstances, the people's court shall incorporate it into Breach of the Person Subjected to execution The list of executed persons of execution shall be punished by credit according to law:
         (1) Refusing to fulfil the obligations set forth in the effective legal instruments when it has the capacity to fulfil them.
         (2) obstructing or resisting execution by means of forgery of evidence, violence or threats.
         (3) evading execution by means of false litigation, false arbitration or concealment or transfer of property.
         (4) Violating the property reporting system.
         (5) Violating the consumption restriction order.
         (6) Refusing to implement the settlement agreement without justified reasons.

        What are the consequences of being included in the Breach of the person subjected to execution list?
         Specifically, see Article 3 of the Supreme People's Court's Regulations on Restricting the High Consumption and Related Consumption of the Executed Person: If the Executed Person is a natural person, after taking measures to restrict consumption, he shall not engage in the following high consumption and non-necessities of life and work:
         (1) When travelling by means of transport, the second-class or higher cabins of airplanes, trains and ships shall be selected.
         (2) High consumption in hotels, hotels, nightclubs, golf courses and other places above star level.
         (3) Purchasing real estate or building, expanding or decorating high-grade houses.
         (4) Renting high-grade office buildings, hotels, apartments and other places for office.
         (5) Purchase of non-operating essential vehicles.
         (6) Travel and vacation.
         (7) Children attend private schools with high fees.
         (8) Pay high premiums to purchase insurance financial products.
         (9) Other non-life and work-necessary consumption behaviors, such as taking all the seats of the G-shaped EMU train and more than the first-class seats of other EMUs.
        
         If the person subjected to execution is a unit, after taking measures to restrict consumption, the person subjected to execution and his legal representative, the principal person in charge, the person directly responsible for affecting the performance of debts and the actual controller shall not carry out the acts prescribed in the preceding paragraph. Where private consumption implements the acts prescribed in the preceding paragraph with personal property, an application may be filed with the enforcement court. If the examination by the enforcement court is true, it shall be granted permission.

        What repayment methods does Breach of the person subjected to execution have?
         (1) Court approach:Contact the executive judge, pay the money to the designated account of the court, and then the court will pay the applicant. After the payment is completed, the court will revoke the Breach of the person subjected to execution information on the basis of Breach of the person subjected to execution.
         (2) Creditor channels:An enforcement settlement agreement is reached with the applicant, which is confirmed by the applicant and then applied to the court to be removed from the list of persons subjected to execution.

        After entering the Breach of the person subjected to execution list, how to remove it?
         Article 9 of the Provisions of the Supreme People's Court Concerning the Publication of Breach of the Person Subjected to Execution List Information stipulates that citizens, legal persons or other organizations not included in Breach of the Person Subjected to Execution List shall not be included in Breach of the Person Subjected to Execution List. The people's court shall revoke Breach of the person subjected to execution within three working days if there is a list of executed persons. If the recorded and published Breach of the person subjected to execution information is inaccurate, the people's court shall correct the Breach of the person subjected to execution information within three working days. Article 10: If one of the following circumstances exists, the people's court shall delete Breach of the person subjected to execution within three working days:
         (1) If the person subjected to execution has fulfilled the obligations specified in the effective legal documents or the people's court has completed the execution.
         (2) If the parties have reached an agreement for the execution of the settlement and have fulfilled it.
         (3) The people's court shall examine and approve the written application by the applicant for the deletion of Breach of the person subjected to execution information.
         (4) After the termination of this execution procedure, through the network execution inspection and control system, the property of the executed person has been inquired more than twice, and no property available for execution has been found, and the applicant or other person has not provided effective property clues.
         (5) Because of judicial supervision or bankruptcy procedures, the People's Court has ordered Breach of the person subjected to execution to be suspended according to law.
         (6) If the people's court decides not to execute according to law.
         (7) If the people's court decides to terminate execution according to law.

        If there is a time limit for inclusion, the provisions of the preceding paragraph shall not apply. Within three working days after the expiration of the inclusion period, the people's court shall delete Breach of the person subjected to execution information. After deleting Breach of the person subjected to execution information in accordance with paragraph 1 of this article, if the person subjected to execution has one of the circumstances specified in Article 1 of this provision, the people's court may re-include it in the list of Breach of the person subjected to execution.
        
         In accordance with the third paragraph of paragraph 1 of this article, within six months after the deletion of Breach of the person subjected to execution information, the People's Court will not support the application of the "applicant executor" for the inclusion of the person subjected to execution in the list of "Breach of the person subjected to execution executors".