Recently, a woman in Ningbo, Zhejiang province, who owed tens of millions of RMB in online loans to a hospital in the city of Ningbo, submitted to a psychiatric evaluation, that has caused heated debate.

Zhang is a keen consumer of women, although the family conditions are good, but because of a burned hole in pocket, gradually fell from financial grace, and then began to borrow money. After borrowing all the people around her, she fell into online loans. She was busy robbing Peter to pay Paul all day on various platforms, and the principal and interest of the arrears snowballed, and finally incurred tens of millions of online loans.

She then applied to Ningbo Kangning Hospital for psychiatric evaluation, hoping to escape the responsibility of "debt". The hospital did not accept the case at first, but as the trial progressed, the judicial department also applied for a psychiatric evaluation for her.

After investigation and a series of professional assessments, it was finally determined that Zhang did not have mental problems in the process of borrowing money. The hospital's forensic staff also revealed that people like Zhang who want to avoid legal liabilities through mental illness identification are not in the minority who are being in arrears.

it is universally called the "Lao Lai" whose such behavior are like Zhang'. The "Lao Lai" in the legal sense generally refers to the debtor who has the ability to reimburse, but refuses to do that, or has the ability to perform but does not perform the obligations determined by such as the effective judgment, labor arbitration award, arbitration award, court conciliation statement etc.

There are also "Lao Lai" who will "play missing, fake divorce, fake bankruptcy, fake cancellation, recruit people to hold property and other miscellaneous means", so as to avoid reimbursement or delay repaying time, even take advantage to relatives to transfer assets.

Of course, with the increasing difficulties of the compulsory execution of “Lao Lai” in recent years, the state has also promulgate a series of corresponding measures which we had summed up and are going to popularize below:

The Compulsory Enforcement of General Groperties:

the real estate, motor vehicles, ships and other means of transport, machinery and equipment, equity, stocks, deposits, fund shares, bonds, relevant rights and interests (intellectual property rights, matured claims, etc.) under "Lao Lai" shall be executed compulsorily.

This class above belongs to the more common enforceable properties, in addition to a more special class of enforceable properties.

The Compulsory Enforcement of Special Properties:

1. The unique housing, unlicensed real estate, houses built on collective land without approval, pre-sale commercial housing, etc, shall be executed compulsorily.

2. The salary income, pension of social security, other kinds of pension, housing public provident fund, etc, of a "Lao Lai" shall be executed compulsorily.

3. The joint properties under the "old Lai" with his or her spouse, the large amount of unknown or incommensurate income in the name of the children, the real estate and vehicles registered in the names of the minor children, and the property purchased in the name of the children during the compulsory execution of the debt shall be compulsorily executed.

4. The mobile number, and the deposits remaining in the account of the network platform such as Wechat，Tenpay , Douyin and Alipay of a "Lao Lai" shall be executed.

The Forbidding Act:

1. A "Lao Lai" from leaving the country shall be forbidden , be joined the blacklist, be restricted high consumption (restrictions on travel and transportation, restrictions on consumption in star-rated hotels, restaurant, nightclubs, golf courses and other places, restrictions on children attending high-charge private schools), etc.

2. It is prohibited to engage in matters involving the following aspects: the legal representative of the enterprise, the director, the supervisor, the senior civil servant, the senior executive of the financial institution, the army and so on.

The Ultimate Means: Criminal Responsibility

A "Lao Lai" if there is an effective judgment of the people's court, but the court still has failed result after compulsory execution, and he or she has the ability to pay the money but refuses to pay the money, causing serious circumstances and constituting a crime, may be punished as refusing to execute the judgment or order.

A "Psychiatric identification" is not a effective "regret medicine" for avoiding debt, as an adult who does anything shall bear the corresponding legal consequences. A delaying, hiding behaviour is not a solution, in which money still to be paid.