According to the Opinions of the Supreme People's Court on Further Strengthening the Concept of Good Faith and Civilized Enforcement in Enforcement Work (Fa Fa [2019] No. 35), local courts may set a grace period for the person subject to enforcement according to the specific circumstances of the case. During the grace period, temporarily do not publish information on their untrustworthiness or restrictions on spending.
On the day they received the notice, some persons subject to enforcement logged on to the Enforcement Information Disclosure Network, independently inquired into case information, and found that they had been restricted from the list of high spenders and the untrustworthy. Without knowing it, you will become a "laid-back"! Obviously, a small number of enforcement courts have violated the guidance of the High Court and constituted an indiscriminate act.
What does it mean to implement in good faith and civility?
At present, the global economy is facing unprecedented challenges and pressures. The interweaving of multiple factors such as international frictions, geopolitical conflicts, and the impact of the epidemic has led to a slowdown in economic growth and even a recession in various countries. In this context, China is also facing greater economic downward pressure, market demand shrinks, enterprise efficiency declines, directly affects the survival and development of enterprises, resulting in a large number of small and micro enterprises and individual industrial and commercial households closing their doors, accounts receivable become bad debts, and the capital chain is broken. A large number of white-collar workers are unemployed and unable to pay mortgages, car loans, credit cards and online loans, and then become judgment defaulters.
In the past, the approval procedures for inclusion in the list of the untrustworthy were not perfect or complete, resulting in some people who were truly incapable of performing their duties being included in the list of judgment defaulters, seriously affecting their rights and interests in life and development, and even triggering serious consequences in some vicious criminal cases.
Against this backdrop, the Supreme Court issued guidance requiring courts at all levels to adhere to the principle of proportionality, find the right balance between the interests of both parties, and avoid excessive enforcement.
How to correct the erroneous situation of being included in the judgment defaulter?
The court corrects itself ex officio.
Each level of court has the competence of each level of court. Where it is discovered that there is an error in the inclusion of the lower court in the list of judgment defaulters, the lower court may be ordered to make corrections in a timely manner, and the higher court may also directly correct it.
If the person subject to enforcement raises an objection to enforcement, it shall be corrected in accordance with the application.
When the person subject to enforcement truly lacks the ability to perform but becomes a judgment defaulter, the above provisions on good faith and civilized enforcement may be referred to, and a written application may be submitted to the local court in accordance with the "Provisions of the Supreme People's Court on Several Issues Concerning the People's Court's Handling of Enforcement Objections and Reconsideration Cases" and the "Several Provisions on the Publication of Information on the List of Judgment Defaulters", and the court will make a ruling within 15 working days after accepting it, and if the objection is sustained, the court will delete the list of judgment defaulters within three working days.
Article 1In any of the following circumstances, the people's court shall enter them into the list of judgment defaulters and give them credit punishments in accordance with law:
a).Those who have the ability to perform but refuse to perform the obligations set forth in effective legal documents;
2) Obstructing or resisting enforcement by means such as fabricating evidence, violence, or threats;
3) Evading enforcement by means such as sham litigation or arbitration, or concealment or transfer of assets;
4) Violating the property reporting system;
5) Violating an order restricting spending;
6) Refusal to perform on the enforcement of a settlement agreement without a legitimate reason.
Article 10In any of the following circumstances, the people's courts shall delete the information on untrustworthiness within 3 working days:
1) The person subject to enforcement has already performed the obligations set forth in the effective legal documents or the people's court has completed enforcement;
2) The parties have reached an enforcement settlement agreement and the performance has been completed;
3) Where the person applying for enforcement applies in writing to delete information on untrustworthiness, and the people's court reviews and agrees;
iv).After the conclusion of this enforcement procedure, the property of the person subject to enforcement is inquired more than twice through the online enforcement investigation and control system, and no property available for enforcement is found, and the person applying for enforcement or other persons does not provide effective property clues
Article 12Where citizens, legal persons, or other organizations apply for corrections to be entered into the Judgment Defaulters List, the enforcing court shall review it within 15 days of receiving the written application for correction, and where the reasons are sustained, it shall make corrections within 3 working days; If the reasons are not sustained, a decision is made to reject it. Where citizens, legal persons, or other organizations are dissatisfied with a rejection decision, they may apply to the people's court at the level above for reconsideration within 10 days of the date on which the decision is served. The people's court at the level above shall make a decision within 15 days of receiving the application for reconsideration.
During the period of reconsideration, the implementation of the original decision is not stopped.
Everyone's got it, huh?