Defaulted executee

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Short description: Concept in Chinese law

A person who is determined by the People's Courts of the People's Republic of China at All Levels to be "the executee who has the ability to perform but fails to fulfill the obligations determined by the effective legal documents", called the Defaulted executee (Chinese: 失信被执行人) or the court defaulters, commonly known as laolai (Chinese: 老赖) or untrustworthy (Chinese: 失信).[1] According to the relevant regulations, all persons who are included in the "list of defaulted executors" by the People's Courts are subject to restrictions on high consumption and consumption not necessary for living or business[2][3]

Background

According to statistics from the Supreme People's Court, the number of the cases concluded by people's courts at all levels from 2008 to 2012 in which the defendant had property, more than 70 percent of the defendants had evaded, avoided or even violently resisted enforcement, and less than 30 percent of them had automatically fulfilled their obligations. It is also reported that the chronic problems caused by the "laolai" have seriously affected the harmony and stability of the society.[4] To this end, at the end of August 2013, the Supreme People's Court issued "Several Provisions on the Publication of Information on the List of Defaulted Executees".[4][5]

Inclusion procedure

Subject of disciplinary action

According to the Decision of the Supreme People's Court on Amending the Several Provisions of the Supreme People's Court on the Publication of Information on the List of Executed Persons in Default of Trust adopted at the 1582nd meeting of the Judgment Committee of the Supreme People's Court on July 1, 2013, and amended according to the 1707th meeting of the Judgment Committee of the Supreme People's Court on January 16, 2017, the Supreme People's Court on the Publication of Information on the List of Executed Persons in Default" provides that the people's courts at all levels shall include them in the list of executed persons in default and impose credit discipline on them in accordance with the law:[6]

  1. Those who have the ability to perform but refuse to fulfill their obligations as determined by the legal instruments in force.
  2. Obstructing or resisting execution by falsifying evidence, violence, threats, etc.
  3. Evading execution by means of false litigation, false arbitration, concealing or transferring property.
  4. Violation of the property reporting system.
  5. Violation of consumption restriction order.
  6. Refusing to fulfill the execution settlement agreement without justifiable reasons.

According to the "Regulations", the executee has the above provisions of the second to sixth circumstances, the period of inclusion in the list of persons who have failed to trust is 2 years; the executee to violence, threats to obstruct, resist the implementation of the circumstances are serious or have a number of breaches of trust, can be extended by 1 to 3 years. In addition, the people's courts at all levels shall not include the executee in the list of persons whose trust is broken under one of the following circumstances, in accordance with the provisions of Article 1, paragraph 1 of this provision:[6]

  1. Where sufficient and effective security has been provided.
  2. Where the property which has been subject to measures of seizure, attachment, freezing, etc. is sufficient to satisfy the debts determined by the legal documents in force.
  3. Where the order of performance of the executee is later, for which enforcement shall not be enforced according to law.
  4. Other circumstances that do not belong to the ability to perform but refuse to fulfill the obligations determined by the effective legal documents.

In addition, if the executee is a minor, the people's courts at all levels shall not include him/her in the list of defaulted executors.[6]

Information Publicity

According to the "Several Provisions of the Supreme People's Court on the Publication of Information on the List of Defaulted Executees", the recorded and published information on the list of defaulted executes shall include the following:[6]

  1. The name, unified social credit code (or organization code), and the name of the legal representative or person in charge of the legal person or other organization that is the executee.
  2. The name, gender, age, and ID number of the natural person who is the executee.
  3. The obligations determined by the effective legal documents and the performance of the executee.
  4. The specific circumstances of the executee's breach of trust.
  5. The production unit and document number of the basis of enforcement, the enforcement case number, the time of filing, and the enforcement court.
  6. Other matters that the people's court believes should be recorded and published that do not involve state secrets, commercial secrets or personal privacy.

On October 24, 2013, the information publication and query platform of the list of defaulted executors of the national courts (now China Execution Information Public Network) was opened to the society. The public can input the name or name of the executee to inquire the information of the defaulted executee, and the above information is announced to the public.[7] In addition, local courts can also publish information on the list of defaulted executors through bulletin boards, newspapers, radio, television, the Internet, and press conferences.[4] In recent years there have also been court advertisements for gaskets through cinema screenings of films,[8] and the information on the list of defaulted executors is published in the form of Douyin and other social media.[9] In July 2014, the Executive Bureau of the Supreme People's Court and People's Daily Online jointly launched the "Ranking of Defaulted Executees".[10]

Disciplinary measures

According to the Several Provisions of the Supreme People's Court on the Publication of Information on the List of Executed Persons in Default of Trust, the executed persons in default of trust will be subject to credit discipline in government procurement, bidding and tendering, administrative approval, government support, financing and credit, market access, qualification recognition, etc.;[6] According to the Decision of the Supreme People's Court on Amending the Several Provisions of the Supreme People's Court on Restricting High Consumption of Executed Persons adopted at the 1487th Session of the Judicial Committee of the Supreme People's Court on May 17, 2010, and Amended in accordance with the Decision of the Supreme People's Court on Amending Certain Provisions of the Supreme People's Court on Restricting the High Consumption of the Executed Person adopted at the 1657th Meeting of the Judicial Committee of the Supreme People's Court on July 6, 2015Supreme People's Court on Restricting the High Consumption of the Executed Person and Related Consumption Several Provisions on Consumption" stipulates that persons (natural persons) included in the list of defaulted executors shall not engage in the following acts of high consumption and consumption not essential to life and work:[11]

  1. Choosing airplanes, soft sleepers on trains, ships of second class or higher when taking transportation.
  2. High spending at hotels, hotels, nightclubs, golf courses, etc. above star level.
  3. Buying real estate or building new, expanded, or high-grade renovated houses.
  4. Leasing high-grade office buildings, hotels, apartments and other places for office work.
  5. Purchase of non-business essential vehicles.
  6. Travel, vacation.
  7. Children attending high-priced private schools.
  8. Paying high premiums for insurance and financial products.
  9. Riding all seats of G trains, first-class or above seats of other trains, and other consumption behaviors that are not necessary for life and work. (The regulation applies to all train trips of China National Railway Group in the Mainland and Hong Kong[12])

In addition to the above measures, executees included in the list of defaulted executors see their housing, bank accounts, pension, mobile payment accounts (such as Alipay, WeChat Pay, etc.) frozen and seized, and the executee is not allowed to serve as the legal representative, director, supervisor and senior management of any company nationwide, nor be allowed to enroll his or her children in private schools, and their speculation in stocks, leaving the country, taking out loans or applying for credit cards in financial institutions will also be restricted. At the same time, vehicles under the executor's name are not allowed to drive into the Expressways of the People's Republic of China, and once a vehicle under the executor's name enters or leaves an expressway toll booth, the vehicle will be suspended and transferred to the court by the highway enforcement brigade. According to the Criminal Law of the People's Republic of China Amendment (IX), which was implemented on November 1, 2015, people's court judgments and rulings have the ability to execute but refuse to do so, will be punished with "refusal to execute a judgment. For serious circumstances, the penalty shall be imprisonment for a term of up to three years, detention or a fine; if the circumstances are particularly serious, the penalty shall be imprisonment for a term of more than three years and up to seven years, and a fine.[13][14]

Since July 2015, Zhima Credit, a subsidiary of Ant Group, and the Supreme People's Court have realized a system connection to update the data of defaulted executors in real time. Once Alipay users are included in the list of defaulted executors, their Sesame Credit score will be deducted and their consumption and shopping behavior at Sesame Credit partner merchants will also be restricted.[15] In addition, there are also some places that cooperate with communication operators to set up exclusive colored ring for the defaulted executee, and the opening cannot be cancelled without the consent of the court. If the public calls the phone number under the name of the defaulted executee, an alert will be reported that the owner is listed as a defaulted executee.[16] In Beijing, people who are included in the list of defaulted executors are not allowed to participate in the minibus lottery.[17]

According to a press conference held by the Supreme People's Court on July 10, 2018, as of July 2018, there were 7.89 million cases of defaulted executors in mainland China under publication, involving 4.4 million defaulted executors. In terms of punishment, 12.22 million people have been restricted from purchasing air tickets, 4.58 million people have been restricted from purchasing tickets for moving trains and high-speed trains, and 280,000 people have been restricted from serving as legal representatives and executives of enterprises. Nationwide, 2.8 million defaulted executors are forced to fulfill their obligations automatically due to the pressure of credit discipline.[18]

Notable people

Prominent persons included in the list of defaulted executors

  • Huang Hongming, former chairman of Guangdong Chuang Hong Group. 2014, he was listed on the list of defaulted executors for violating the property reporting system[19]
  • Jia Yueting, founder and former chairman of LeEco. listed as a defaulted executee by the Beijing Third Intermediate People's Court on December 11, 2017[20]
  • Xu Zongheng, former mayor of Shenzhen Municipal People's Government, was sentenced to a suspended death sentence for taking bribes in 2011. He was later included in the list of defaulted executors by the Zhengzhou Central Court on July 17, 2018, for failing to fulfill his obligation to "forfeit all his personal property" as determined by the effective legal instrument[21]
  • Sun Huahua, former chairman of the board of directors of Dahua New Material, a New Third Board company, applied for resignation as chairman of the board of directors in March 2018 due to personal inclusion as a defaulted executee[22]
  • Dai Wei, founder and CEO of OFO. listed by the Beijing Haidian District People's Court on December 4, 2018, as a defaulted executee[23]
  • Michelle Ye, actress, was included in the list of defaulted executors by Shanghai Xuhui District People's Court in December 2018 and fined RMB 80,000 yuan on March 5, 2019, for refusing to fulfill her obligations[24][25]
  • Pang Qingnian, chairman of the Board of Directors of China Youth Automobile Group. As of May 2019 has been listed as a defaulted executee by the court 8 times[26]
  • Shi Hongliu, the chairman of Hosa International, is listed by the court as a defaulted executor[27]
  • |Jiang Peizhen, the founder and chairman of Golden Voice Holding Group Co. Ltd Listed as a defaulted executee by Shanghai No. 1 Intermediate People's Court and Ningbo Yinzhou District People's Court for defaulting on 51,949,800 yuan in advertising fees and failing to fulfill financial loan contracts[28]
  • Luo Yonghao, CEO of Smartisan, was listed as a defaulted executor by the court for failing to fulfill the payment obligations determined by the effective legal documents[29]
  • 马平 , CEO of Jiangsu Heryo Group、宾利车主，listed as a defaulted executee by Zhangjiagang City People's Court on July 16, 2019, for violating the property reporting system[30]

Wrongful cases

On January 8, 2015, Xia Song, a resident of Changsha, Hunan Province, was unable to purchase a soft sleeper ticket and apply for a loan because the court mistakenly included him in the "national list of defaulted executors of courts".[31]

See also

References

  1. ↑ "Understanding China's Social Credit System". https://socialcredit.triviumchina.com/wp-content/uploads/2019/09/Understanding-Chinas-Social-Credit-System-Trivium-China-20190923.pdf. 
  2. ↑ 楚仑 孔颖丽 (2018-12-01). "人民法院报："限高"不等于纳入"失信人名单"" (in zh-hans). 人民法院报. http://www.nbd.com.cn/articles/2018-12-01/1277957.html. 
  3. ↑ "广东河源：剑指"老赖" 执结案件93件" (in zh-hans). 广东省法院决胜“基本解决执行难”信息网. 2018-10-08. http://jszx.court.gov.cn/2550/ExecuteNewsletterImage/117617.jhtml. 
  4. ↑ 4.0 4.1 4.2 杨维汉 徐硙 (2013-08-30). "7成多被执行人逃避抗拒执行 老赖将被纳入黑名单" (in zh-hans). 半月谈. http://www.chinanews.com/fz/2013/08-30/5224203.shtml. 
  5. ↑ "古稀老赖欠8亿巨款：6次进失信名单 到底拿她怎么办?" (in zh-hans). 金融界网站综合. 2017-08-30. http://bank.jrj.com.cn/2017/08/30101823027746.shtml. 
  6. ↑ 6.0 6.1 6.2 6.3 6.4 "最高人民法院关于公布失信被执行人名单信息的若干规定" (in zh-hans). 最高人民法院. 2017-03-02. http://cq5zy.chinacourt.org/article/detail/2017/03/id/2559732.shtml. 
  7. ↑ "最高人民法院网开通公布与查询平台 失信被执行人名单信息随时可查" (in zh-hans). 中国法院网. 2013-10-24. http://www.chinacourt.org/article/detail/2013/10/id/1112516.shtml. 
  8. ↑ ""老赖"名单搬上大银幕 网友直呼"干得漂亮"！" (in zh-hans). 东南网. 2018-06-19. http://www.xinhuanet.com/local/2018-06/19/c_1123004608.htm?baike. 
  9. ↑ "外媒：中国利用抖音APP抓"老赖" 效果不错" (in zh-hans). 中国日报网. 2018-07-05. http://world.chinadaily.com.cn/a/201807/05/WS5bebdea1a3101a87ca938bb3.html. 
  10. ↑ "外媒称中国打击"老赖":禁止坐飞机高铁及出国旅游" (in zh-hans). 参考消息网. 2015-11-21. http://www.xinhuanet.com/overseas/2015-11/21/c_128452202.htm. 
  11. ↑ "最高人民法院关于限制被执行人高消费及有关消费的若干规定" (in zh-hans). 最高人民法院. 2015-07-20. https://www.chinacourt.org/law/detail/2015/07/id/148347.shtml. 
  12. ↑ 曾平 (2018-09-06). "香港特区政府运房局：正研究乘客用内地居住证购高铁票" (in zh-hans). 中国新闻网. http://www.chinanews.com/ga/2018/09-06/8620196.shtml. 
  13. ↑ 执行庭 (2018-04-02). "纳入被执行人失信名单和限制高消费的后果" (in zh-hans). 青海省祁连县人民法院. http://hbqlfy.chinacourt.org/article/detail/2018/04/id/3254663.shtml. 
  14. ↑ 邢世伟 (2014-01-17). "八部门：老赖等失信人禁乘飞机禁办信用卡" (in zh-hans). 新京报. http://politics.people.com.cn/n/2014/0117/c1001-24145319.html. 
  15. ↑ 马文婷 (2015-07-02). "最高法和芝麻信用专线连接 "老赖"今后网购将受限" (in zh-hans). 京华时报. http://www.xinhuanet.com//tech/2015-07/02/c_127974718.htm. 
  16. ↑ 李后祥 (2018-04-19). ""老赖"不堪忍受专属彩铃乖乖还钱：我快名誉扫地" (in zh-hans). 中安在线. http://news.cctv.com/2018/04/19/ARTIvK8PQxGTKFZtX0UAjdc0180419.shtml. 
  17. ↑ "关注个人信用信息!北京限制失信人摇号1.4万人次" (in zh-hans). 北京晨报. 2018-08-31. http://news.haiwainet.cn/n/2018/0831/c3541083-31387052.html?baike. 
  18. ↑ "最高法：已有280万失信被执行人自动履行义务" (in zh-hans). 人民日报. 2018-07-11. http://news.cnr.cn/native/gd/20180711/t20180711_524296865.shtml. 
  19. ↑ "落马书记乞求法官：不要处理行贿企业 我害了他们" (in zh-hans). 南方周末. 2015-04-28. http://news.sohu.com/20150428/n411994490.shtml. 
  20. ↑ "贾跃亭被北京三中院列为"老赖"". 新京报-财经频道. http://finance.ifeng.com/a/20171213/15864902_0.shtml. Retrieved 2017-12-13. 
  21. ↑ "【戶口得$4千】判死緩拒交出財產 深圳前長市獄中列「老賴」黑名單". 香港苹果日报. https://hk.news.appledaily.com/china/realtime/article/20181002/58749747. Retrieved 2018-10-02. 
  22. ↑ "因被纳入失信被执行人 大华新材董事长辞职". 证券时报网. http://kuaixun.stcn.com/2018/0305/14004167.shtml. Retrieved 2018-12-25. 
  23. ↑ 叶舒筠 唐维 (2018-12-20). "危机中ofo再上热搜！戴威不能乘飞机住星级酒店" (in zh). 证券时报网. http://news.stcn.com/2018/1220/14745469.shtml. Retrieved 2018-12-20. 
  24. ↑ "葉璇「侵害名譽」拖賠償半年淪老賴 向男友舊愛道歉：我特別後悔". 香港01. 2019-03-06. https://www.hk01.com/即時中國/302633/葉璇-侵害名譽-拖賠償半年淪老賴-向男友舊愛道歉-我特別後悔. Retrieved 2022-06-18. 
  25. ↑ "叶璇被法院传唤并罚款8万元". 劳动报. 2019-03-06. http://m.workercn.cn/rw/2019/0306/190306083229888.shtml. Retrieved 2019-03-06. 
  26. ↑ 张泽炎 (2019-05-24). "青年汽车野蛮生长：庞青年的造车梦充满"套路"". 新京报. http://www.bjnews.com.cn/finance/2019/05/24/583201.html. 
  27. ↑ "浩沙健身多地撤店 集团董事长成"老赖"要跑路了吗？". https://www.chinanews.com/cj/2019/05-26/8847203.shtml. Retrieved 2019-05-26. 
  28. ↑ "拖欠近5200万广告费 金嗓子包装上的老太成了"老赖"". 新浪财经综合. 2019-11-02. https://finance.sina.com.cn/roll/2019-11-02/doc-iicezuev6733871.shtml. Retrieved 2019-11-03. 
  29. ↑ "罗永浩成"老赖" 被限制乘坐G字头动车组列车". 中新经纬. 2019-11-03. http://finance.eastmoney.com/a/201911031280337219.html. Retrieved 2019-11-03. 
  30. ↑ "存档副本". http://zxgk.court.gov.cn/shixin/. Retrieved 2020-07-16. 
  31. ↑ "讨说法，难；要清白，更难" (in zh-hans). 南方周末. 2015-02-13. http://news.ifeng.com/a/20150215/43184120_0.shtml. 

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