There is one who failed to execute effective judgement or order taking train for 63 times by pretending to be someone else? ‘Laolai’, those who have ability to perform but fail to perform the obligations specified in the legal instrument, came into our view again.
At present, the cause of promoting the full coverage of the whole society’s credit investigation system is in full swing. ‘Personal credit investigation’, ‘blacklist of dishonest personnel’, ‘Laolai’ and another word have repeatedly become the heated topic. How much do you know about ‘dishonest person subjected to execution’ -- the popular political term?
Simply speaking, the person who failed to execute effective judgment or order, refers to those who have ability to perform but refuse to do, commonly known as ‘Laolai’. In 2013, a memorandum was signed by the executive bureau of the Supreme People’s Court and the Credit Information Center of China People Bank, from which those who break their promises shall be put on the blacklist--the national credit information system, leaving no space for Laolai to hide.
Who is likely to be put in the blacklist?
First, those who have the capacity to fulfill but refuse to fulfill the obligations specified in effective legal instrument.
Second, those who obstruct or resist execution by means of falsifying evidence, violence, threats and so on.
Third, those who evade execution by means of false litigation, false arbitration, concealment or transfer of property.
In addition to the aforementioned three usual situations, those who fail to implement the settlement agreement without good reason and those who violate financial reports or consumption restriction orders shall also be blacklisted.
Don’t think that you needn’t to be afraid since you have been Laolai, because there are many kinds of sanctions for Laolai.
Trick one: being limited on trip mope
As early as September 2016, the General Office of the communist party of China central committee and the General Office of the state council had made clear the restrictions on flights and trains for those who failed to fulfill effective orders. Both taking plane and soft-class sleeper are not allowed. What about cars? The law clearly stipulates that the person failed to fulfill court orders cannot buy vehicle which is not necessary for running, while the car that you has already owned is allowed with the premise that the car you own has not been enforced by court.
Trick two: being limited on consumption level
Those who failed to execute the court order are not allowed to check into star hotel, play golf, have a trip, buy house, expand house and decorate house luxuriously. They can only buy ordinary insurance and expensive insurance is not allowed.
Trick three: helping you to be celebrity on the Internet
Airports and railway stations may play the blacklist of faithless person subjected to execution at ticket hall uninterruptedly. In addition, official website, TV at bus and circle of friends in WeChat are the platforms to expose those who failed to execute effective judgement or order. The court may use various ways to make you execute if you don’t.
Trick four: the customized ringtone service
Last year, the Jiangjin People’s Court in Chongqing cooperated with three communication companies--China Mobile, China Unicom and CHINA TELECOM, and jointly customized ringtone for the debtor that the ringer will hear ‘The owner you dial has been included in the list of person who failed to execute judicial order’. And they are not allowed to cancel the ringtone, set the cell to divert calls and transfer number. This method is quite effective and has been used for reference.
Trick five: being limited on earning money
The person who have failed to fulfill effective legal document shall be not allowed to rent high-grade office buildings, and serve as the legal representative, director, supervisor or senior manager of enterprise. Strict approvals are required in the food and drug industry for them and they are not allowed to be in the business of chemicals, fireworks, mining safety, ect,. In a word, they have lost the trust of our country.
Trick six: causing negative influence on the relatives
The children of those who have failed to execute effective legal documents are not allowed to study in private school, and may be subjected to different degree obstruct when entering a higher school, taking an examination of public affairs and participating in the enrolling review.
Last year, Rao from Wenzhou was admitted to a famous university in Beijing with excellent grades. However, his father received a notice from the school: we found that you had a dishonest behavior during the qualification examination, so please deal with it immediately, otherwise your child will not be admitted to our school. After his father executed forwardly, Rao was admitted to the university. We can see that credit is closely related to children’s future nowadays.
Trick seven: being under tight law control
Those who failed to execute judicial order may face administrative or judicial detention, and even criminal trial.
The law on public security administration stipulates that, those who obstruct the working personnel of state organs from performing their duties according to law shall be given a warning or be fined; if the circumstances are serious, they shall be detained for not more than 10 days. The Civil Procedure Law stipulates that, those who failed to execute the effective judgment shall be fined or detained for not more than 15 days; if their behaviour shall be the crime of refusing to execute effective judgment or order, they may be sentenced to fixed-term imprisonment for not more than seven years.
By the end of 8th December 2019, according to the statistics from all the courts, the number of those who failed to execute judicial or order is 569,0782 which shocks us. How can the nearly 5.7 million people get rid of the ‘Laolai’ labels?
Repayment is the only way to be removed from blacklist! There are two ways of repayment: first, according to the amount decided in the effective legal document, give the arrears to court directly and the court shall pay to the applicant, i.e. the creditor. The second is to reach a reconciliation agreement with the person applying for execution and confirm the fulfillment of the agreement by the applicant. After paying off the debt according to the above method, they can apply to the court to cancel the blacklist.
Not only the people failed to execute the effective legal document discussed in this article shall be incorporated into blacklist, those who start rumors on the Internet, practise medicine illegally, implement insurance fraud, scalpers, ect., and even the drunk drivers mentioned in the draft of the National Development and Reform Commission released in August this year, may be included in the blacklist. In the era maintained by trust and that the credit system is covered fully, credit is our second business card so we everyone had better maintain our personal credits.
