In order to gain attention and sensationalize, this question and answer actually uses the word "laolai" as the form of the question. This is an obvious clickbait behavior. The Supreme People's Court issued a document on March 14, 2017. The word "Lao Lai" is unified and corrected to the standard term of "dishonest person subject to execution". In addition, the Ten Bans on WeChat issued by the Ministry of Public Security No. 98 of 2018 are based on the provisions of Articles 4 and 8. The questioner clearly violated relevant documents and regulations. It is recommended that the author of this article be banned and removed from the shelves.
It is natural to repay debts. We follow the laws of the country and we should use legal weapons to deal with dishonest people. Protect your rights within the scope of the law. Rational rights protection. Because the law is improving. There will be fewer and fewer people being executed for breach of trust. Repaying debts should be a public order that citizens should consciously abide by in the future.
Conscientious performance of creditor's rights and debts depends first on the consciousness of one's character. Borrowing and repaying is not difficult, and it is not difficult to borrow again. The biggest bankruptcy for a person is the bankruptcy of credit. The second is to reflect the dignity of the law, those who owe debts and do not repay them. Hasn’t the country introduced many measures? For example, restrictions on flying, restrictions on self-driving cars on highways, restrictions on high consumption, etc.
What is a lao lai? No distinction, no difference! How many of these people who are now unable to repay their debts are not in debt due to the failure of their business ventures. Who wants this? Their original intention was to live like this, to implicate everyone and bear such and such charges. Bearing pain that ordinary people cannot bear, it is because of shouldering social responsibilities and family responsibilities. They have no one to rely on and can only work hard on their own. If they succeed, they will be noticed by thousands of people. If they fail, they will be scorned by thousands of people. Please ask the society and the country to give them more opportunities. Only when they stand up can they bear everything they should bear and die. Yeah, it’s not good for anyone!
There are many people around us who default on their debts. Not only do these people lack integrity and use various excuses and reasons to evade debts, but they also ignore legal provisions. Even if the creditor files a lawsuit in court, the "Lao Lai" will maliciously transfer properties, hide and sell properties during execution to avoid the court. of accountability. Therefore, for many creditors and even the court enforcement departments, encountering such "old renegades" is a real headache.
In February 2016, 44 national ministries, commissions, and central agencies jointly signed and issued the "Notice on Issuing a Cooperation Memorandum on Joint Punishment of Dishonest Persons Being Enforced" (hereinafter referred to as the "Memorandum"). He used his trump card against the "old lads". The "Memorandum" requires that once included in the list of dishonest persons subject to enforcement, everything from starting a company or working as a senior executive to as small as your location on airplanes and high-speed rails, as well as going to nightclubs and golf courses will be restricted, and not only If you suffer, it will also affect the interests of your unit. To sum it up in one sentence: Once trust is broken, it will be difficult to move forward. So, what consequences will you face once you become a "bad guy" on the "list of dishonest persons subject to execution"? Below, the author will sort it out for everyone:
1. Laolai’s only housing court can be auctioned
Case: Liu Moumou from Shuyang, Suqian City, Jiangsu Province was involved in a private lending dispute. His only house was auctioned by the court for more than 810,000 yuan. Considering his future family life needs, the court paid him 50,000 yuan from the auction proceeds, equivalent to about 6 years of local rent.
2. The court can seize and freeze Laolai’s virtual account
The funds in online virtual transaction accounts such as Alipay, mobile payment, and WeChat payment are also the persons subject to execution by the court. The scope of property, booking travel accommodation, buying insurance, renting, blind dates, etc. online will be restricted in the future.
3. Courts can freeze and deduct Laolai’s property online
Starting from February 2016, people’s courts and financial institutions will send electronic legal documents through the Internet and receive inquiries from financial institutions. , result data and electronic receipts of freezing, deduction, disposal, etc. The execution judge can check, freeze and deduct the financial property of the person subject to execution in more than 4,000 banking financial institutions across the country with just one click of the mouse without leaving home.
4. The list of Lao Lai is synchronized with Sesame Credit, and online shopping is restricted
The Supreme People's Court and Sesame Credit signed a memorandum of cooperation on credit punishment for dishonest persons subject to enforcement. Zhima Credit works with Taobao, Tmall, China Car Rental, Qufenqi and other application platforms to comprehensively restrict dishonest persons subject to enforcement in consumer finance, Ant Micro Loan, credit card, P2P, hotel, house rental, car rental and other scenarios through the Internet and other channels.
5. Lao Lai are not allowed to serve as bosses, senior executives, etc.
Starting from December 2015, anyone who has the ability to repay but refuses to repay all or part of the due debt will be banned nationwide. Natural persons (i.e., "laolai") who are included in the list of dishonest persons subject to execution by the people's courts at all levels will be subject to credit penalties and are not allowed to serve as the legal representative, director, supervisor, or senior manager of any company nationwide.
6. Laolai’s vehicle cannot get on the expressway
The travel of cars under the name of “Laolai” will also be restricted. Entry and exit of expressway toll stations will be temporarily detained and handed over by expressway law enforcement. court processing.
7. Lao Lai’s travel by land, water and air is blocked
He cannot buy air tickets; he cannot buy soft sleepers on trains and second-class or higher cabins on ships; he cannot buy first-class seats on high-speed rails and high-speed trains; Without private cars, old people are hampered in traveling by land, water and air!
8. Restriction on high consumption by Lai Lai
Lao Lai cannot spend at will in hotels, hotels, nightclubs, golf courses and other places with star rating or above; if you want to buy a house or renovate it, It’s not allowed; it’s not allowed if you want to travel or go on vacation; if you want to apply for a credit card or loan from a bank, it’s even more difficult to get approval!
9. Restrict Lao Lai from stock trading, buying houses, and leaving the country
The "Memo" restricts Lao Lai from stock trading, leaving the country, and purchasing real estate.
10. Fixed incomes such as pensions can be directly deducted
For fixed income recipients such as pensions, the People's Court has the right to freeze and deduct the funds. However, before freezing or deducting funds, necessary living expenses for the person subject to execution and his dependent family members should be reserved.
11. Courts can use new media such as Douyin videos to fully expose dishonest persons subject to execution
Case: On June 6, the Xingning District Court of Nanning City was listed in the national court system It was the first to use Douyin to publish an execution reward. Zhou Moujun, the person subject to execution, saw this execution reward video released by the Xingning District Court while browsing Douyin. , felt very embarrassed and expressed his willingness to cooperate with the court in disposing of the property.
12. Lao Lai can be sentenced to up to 7 years in prison
"Criminal Law Amendment (9)" stipulates: "Refuse to execute the judgment or ruling of the People's Court if the person is capable of executing it" Failure to comply, 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 particularly 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. ”
13. Children of Lao Lai. Cannot go to private schools
Children of old people are not allowed to go to high-fee private schools. At present, many courts are jointly punishing students with education bureaus. The courts have issued judicial recommendations to district education bureaus and high-fee private schools in the area, suggesting that relevant schools within their jurisdictions must review the breach of trust of the parents of the students they recruit when enrolling students. The children of those who are listed as dishonest persons subject to execution or persons with consumption restrictions by the People's Court shall not be admitted; enrolled students who have the above-mentioned circumstances shall be ordered to drop out of school or transfer to a public school once discovered.
14. Lao Lai’s children may be refused admission to college
Case: In May 2016, Rao failed to repay the loan as agreed after taking a loan of 200,000 yuan from the bank. Sue to Cangnan Court. After the court's judgment came into effect, Mr. Rao still refused to fulfill the effective judgment. In March 2017, the case entered the enforcement process. After the court tried to adopt various enforcement measures, Mr. Rao was still unable to repay the loan. In July 2018, Mr. Rao’s son’s college entrance examination results came out, and his son was admitted to a well-known university in Beijing. Then the family received a notice from the school that "if you don't repay the money, you will not be admitted." Our school discovered that you have committed dishonest behavior during the qualification review. Please deal with it immediately, otherwise our school will not admit your child.
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15. Lao Lai’s children failed to pass the political examination for civil servants, military academies, aviation academies, etc.
Case: On May 24, executed Tao Moumou because his son applied for aviation academies. , in the "Political Assessment Visit and Investigation Materials for Recruitment Targets and Their Family Members", the court where the recruitment targets and their family members are located is required to issue relevant certificates. However, because their parents are included in the list of dishonest persons subject to execution, it is difficult to pass the recruitment process.
16. Properties under the names of minor children can also be enforced
Some Lao Lai register their properties in the names of their minor children in order to avoid debts. , this method will not work! The court will comprehensively analyze the time of house purchase, property rights registration time, debt situation and payment of purchase price, and determine that the ownership of the house involved belongs to Lao Lai, and then it can force the appraisal and auction! Wang Yunxuan and He Zhuming’s Enforcement Objection Retrial Dispute Case (2017) Supreme Court Civil Application No. 3404
17. The property owned by Laolai’s husband and wife can also be enforced
Even if it is recognized. If it is a husband and wife's personal debt, but there is a property owned by both husband and wife, the court can also evaluate and auction the property owned by the husband and wife together according to law! After the auction, half of the property can be reserved for the spouse.
Laolai is defined as a dishonest person subject to execution at the legal level. It refers to those who fail to repay on time even if they have the ability to repay or have large debts. Such people will be banned from entering and leaving the country, restricted on consumption, and restricted in financial activities. , at the same time, personal information will be published to a certain extent. Laolai is a folk name. This kind of name has been banned by the state in the form of law in 2017, but popularly speaking, it is possible. Once it becomes A person who is being executed for breach of trust will face many difficulties, which will make it difficult for you to move forward and will also have a certain impact on your personal life. At the same time, your family and children will be affected. Even after the old person realizes and repays the loan, the record will be kept for a certain period of time. , as a punishment, it also reminds people of the importance of maintaining good habits in the credit reporting system (privately message me to get free credit reporting analysis and quick credit recovery methods), since as a person who violates the regulations, in line with the principle of unity and justice , not only will you encounter obstacles everywhere in your financial life, but it will also greatly affect you and your loved ones in life, work, travel, and children's employment and schooling. Therefore, I would like to remind everyone here that it is not easy to be a boss. Always pay attention to your credit status, and don’t let yourself and your family get hurt due to your own reasons.
There are two types of "old people" in real life, one is those who have the ability to repay and the other is those who refuse to repay. Those who really have no ability to repay have to rely on it. From a spiritual level, under the current general situation, no matter what the situation is, the "old people" are under tremendous ideological pressure and suffering, and many are also facing all kinds of weird violence. Debt collection brings severe survival pressure. Personally, I think that if you can afford it, you should pay it back early, so that you won’t have nightmares when you go to bed at night, and you don’t have to worry about your daily life, and you can spend your money generously. We should face it proactively, actively negotiate, and try our best to solve it. Let life return to peace!
"Lao Lai" means that if the person subject to execution fails to perform the obligations specified in the legal document, the People's Court may take measures against him or notify relevant units to assist in taking measures to restrict him from leaving the country, record the failure to perform the obligations in the credit information system, and announce it through the media information and other measures required by law. "In judicial execution, they are called dishonest persons; the lives of dishonest persons subject to execution can be summarized as follows: First, some dishonest persons achieve the purpose of evading debts by transferring property, disappearing, leaving the country, etc. This kind of dishonesty People actually use fraud to help themselves live a good life. Second, after some dishonest people successfully started a business, their property was divided into the names of their adult children or other relatives, but later they went bankrupt and the assets in their names were lost. They are insolvent and are included in the list of dishonest people. But in fact, a lean camel is bigger than a horse. Although they are dishonest people, their living conditions are better than most people. Third, some dishonest people are indeed bankrupt or are bankrupt. Because family members have returned to poverty due to illness and other reasons, they are bankrupt in a practical sense, and it is difficult to support even basic living security, so this kind of life is worse than death.
I think some people have bad views and deliberately default on money owed to their creditors when they have real financial ability. They just muddle along and take it one day at a time. Don’t give these malicious old scoundrels any hard time. It is not possible to use violence to demand or resort to law. These old guys generally make a much better living than their creditors. The other type of so-called laodai, who have suffered economic collapse due to reasons beyond their control, and even live a life worse than death, do not have the ability to repay. For these people who are not malicious defaulters, they need more creditors. Understand and tolerate.
In real life, there are two types of "laodai". One is those who have the ability to repay but refuse to repay, and the other is those who really have no ability to repay and have to rely on them. From a spiritual level, under the current general situation, no matter what the situation is, "old Lai" are under tremendous ideological pressure and suffering, and many are also facing all kinds of bizarre and violent collections, resulting in severe pressure to survive. Personally, I think that if you are able to pay it back, you should pay it back early so that you won’t have nightmares when you go to bed at night, you don’t have to worry about your daily life, and you can spend your money generously. If you really don’t have the money to pay back, you should face it proactively, negotiate proactively, and try your best to solve the problem. Let life return to peace! High pressure
I personally think that if you are not living a good life, you should always accept the condemnation of your conscience.
In judicial practice, "Lao Lai" are mainly divided into two types:
1. Those who hide their property and refuse to pay back the money.
This kind of old scoundrel is the most shameless and hateful, and is also the target of the court’s attack. First, they have to worry about the court finding out through other means, and violating the crime of refusing to implement court judgments and rulings, and imposing criminal penalties; second, they have to worry about whether the hidden money is safe, and if it is misappropriated by others, they may not get it back; Third, you have to face demands from creditors every day, and you have to worry about the personal safety of yourself and your family at all times, and you are under great pressure; fourth, the court will take measures such as restricting high consumption, including them on the list of dishonest people, and restricting your children from attending private schools. The compulsory measures are to prevent you from spending or investing even if you have money, and to make you take the initiative to fulfill your obligations.
2. You really have no money and cannot afford to pay it back.
This kind of bad guy who has money but refuses to repay is a little worse than the previous one, but most of this kind of bad guy behaves like a broken person. Anyway, he has no money, and the court has no way to enforce it. If he doesn’t have any money, limiting high consumption and being included in the list of dishonest people will not have any impact on him. Creditors come to the door with an attitude of asking for money but not life, which makes people feel even more hateful and disgusting.
I personally think that those who have money should actively repay the money, so as not to live in fear every day and cut off their own path to a comeback; those who have no money should actively earn money. Money, strive to pay off debts as soon as possible, and be an honest person, so that you have a clear conscience.
There is no such thing as a true lazy person in this world. There are only differences between characters. If you have money and don’t pay it back, it means your character is extremely poor! Many people don't want to be lazy people, but they just don't make money, but they want to live a life of superior people, and they turn themselves into lazy people. In fact, these people are in the third and fourth tiers, but they live a normal life!