Hong Mingji, member of the National Committee of the Chinese People's Political Consultative Conference.
How to deal with entrepreneurial failures and become judgment defaulters? In response to this problem, Hong Mingji, a member of the National Committee of the Chinese People's Political Consultative Conference (CPPCC), plans to submit a "Proposal on Restoring the Freedom of Entrepreneurship of People in the Private Economy with "Credit Restoration" Measures.
Hong Mingji pointed out that at present, the court adopts a one-size-fits-all approach to the identification of judgment defaulters, that is, as long as there is a situation of failure to perform an effective judgment in the court enforcement system, if the applicant requests that the person subject to enforcement be included in the list of judgment defaulters, the court will include the person subject to enforcement in the list of judgment defaulters.
He believes that this practice will bring the following social problems: first, it has hit the confidence of people in the private economy to start a business; Second, people in the private economy have lost the opportunity to start a business again; Third, after entrepreneurs enter the blacklist and are restricted from taking high-speed trains and airplanes, the entrepreneurial market has become inactive, and the private economy has lost its vitality.
To this end, he suggested that the Supreme People's Court adopt the system of "listing with evidence" and "verifying and listing" for judgment defaulters, that is, to treat judgment defaulters who "fail to perform the debts due as determined by the effective judgment" differently, rather than listing all judgment defaulters as "judgment defaulters", specifically:
First, if the applicant for enforcement applies to be included in the list of judgment defaulters, it must provide "effective evidence that the person subject to enforcement has the ability to perform but intentionally fails to perform";
The second is to serve as the legal representative of the enterprise, and if the enterprise fails to perform the effective judgment, unless it is proved that the legal representative has intentionally failed to perform the debt or has the behavior of preventing the enterprise from performing the debt, it is generally not listed as a "judgment defaulter";
(3) Where the guarantor has repaid part of the debt with all the property existing at the time of the guarantee, the guarantor will no longer be listed as a judgment defaulter;
Fourth, if the person subject to enforcement provides evidence to prove that the person subject to enforcement is unable to perform the effective judgment due to the bank's illegal lending or other violations of the bank, the person subject to enforcement shall not be included in the list of judgment defaulters.
Hong Mingji believes that the Supreme People's Court should sort out and screen the persons who have been included in the list of "judgment defaulters", strictly control the conditions for the inclusion of "judgment defaulters", and adopt "credit restoration" measures for those judgment defaulters who are not suitable to be included in the "judgment defaulters", so that those "entrepreneurs" who have contributed to society and have the desire to continue to contribute to society can become entrepreneurial free persons, so as to protect and stimulate the due vitality of the private economy.