Legal basis: Article 243rd of the Civil Procedure Law of People's Republic of China (PRC).
If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to detain and withdraw the income from which the person subjected to execution should perform the obligations. However, the necessary living expenses of the person subjected to execution and his dependents shall be retained. When withholding or withdrawing income, the people's court shall make a ruling and issue a notice of assistance in execution, which must be handled by the unit to which the person subjected to execution belongs, banks, credit cooperatives and other units with savings business.
Article 244 of the Civil Procedure Law of People's Republic of China (PRC).
If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to seal up, detain, freeze, auction or sell off the property that the person subjected to execution should perform. However, the necessities of life of the person subjected to execution and his dependents shall be retained. The people's court shall make a ruling on taking the measures mentioned in the preceding paragraph.
Article 313 of the Criminal Law of People's Republic of China (PRC): Whoever refuses to execute a judgment or ruling or refuses to execute a judgment or ruling of a people's court, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
People's Republic of China (PRC) Civil Procedure Law
Article 236 A legally effective civil judgment or written order must be fulfilled by the parties. If one party refuses to perform, the other party may apply to the people's court for execution, or the judge may transfer it to the person subjected to execution for execution. Mediation and other legal documents that should be executed by the people's court must be fulfilled by the parties. If one party refuses to perform, the other party may apply to the people's court for execution.
Article 1 of "Several Provisions of the Supreme People's Court Municipality on Publishing the Information of the List of Executed Persons with Dishonesty": If the executed person has the ability to perform but fails to perform the obligations specified in the effective legal documents, and has one of the following circumstances, the people's court shall include him in the list of executed persons with dishonesty and impose credit punishment on him according to law:
(1) Obstructing or resisting execution by forging evidence, violence or threats;
(2) evading execution by means of false litigation, false arbitration or concealing or transferring property;
(3) Violating the property reporting system;
(4) Violating the order of restricting high consumption;
(five) the person subjected to execution refuses to perform the execution settlement agreement without justifiable reasons;
(six) other people who have the ability to perform and refuse to perform the obligations specified in the effective legal documents.
Article 3 of the Regulations of the Supreme People's Court on Restricting the High Consumption of the Executed Person: The following high consumption and unnecessary consumption behaviors are not allowed:
(a) when taking the means of transportation, choose the second class or above of the plane, train soft sleeper and ship;
(two) high consumption in hotels, hotels, nightclubs, golf courses and other places above the star level;
(three) the purchase of real estate or new construction, expansion, high-grade decoration of housing;
(four) leasing high-grade office buildings, hotels, apartments and other places to work;
(5) Purchasing non-essential vehicles;
(6) tourism and vacation;
(seven) children attending private schools with high fees;
(8) Paying high premiums to purchase insurance wealth management products;
(9) Non-essential consumption behaviors such as taking all seats of G-prefix EMU trains and first-class and above seats of other EMU trains.