Joke Collection Website - Blessing messages - Under what conditions can people on the list of untrustworthy people be revoked?
Under what conditions can people on the list of untrustworthy people be revoked?
You can apply to the court to delete it from the list of people who have lost their trust. The specific legal basis is as follows:
Several provisions of the Supreme People's Court on publishing the information of the list of people who have lost their trust
(adopted at the 1582nd meeting of the the Supreme People's Court Judicial Committee on July 1, 213)
In order to urge the people who have been executed to consciously fulfill their obligations set out in the effective legal documents and promote the construction of the social credit system, according to the Civil Procedure Law of the People's Republic of China * * * *.
Article 1 If the person subjected to execution has the ability to perform but fails to perform the obligations specified in the effective legal documents, and under any of the following circumstances, the people's court shall include him in the list of people subjected to execution without trust and punish him with credit 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;
(5) the person subjected to execution refuses to perform the execution settlement agreement without justifiable reasons;
(6) other persons who have the ability to perform and refuse to perform the obligations specified in the effective legal documents.
article 2 in the notice of execution issued by the people's court to the person subjected to execution, the contents of the risk warning about being included in the list of the person subjected to execution due to dishonesty shall be clearly stated.
if the executor believes that the person subjected to execution has one of the acts of dishonesty listed in Article 1 of these Provisions, he may apply to the people's court to include the person subjected to execution in the list of persons subjected to dishonesty, and the people's court will make a decision after examination. If the people's court believes that the person subjected to execution has one of the acts of dishonesty listed in Article 1 of these Provisions, it may also make a decision to include the person subjected to execution in the list of persons subjected to dishonesty ex officio.
if the people's court decides to include the person subjected to execution in the list of persons subjected to execution due to dishonesty, it shall make a written decision, which shall take effect as of the date of making it. The written decision shall be served on the parties in the way of legal document delivery as stipulated in the Civil Procedure Law.
article 3 if the person subjected to execution thinks that it is wrong to include him in the list of people subjected to dishonesty, he may apply to the people's court for correction. If the person subjected to execution is a natural person, the person subjected to execution shall generally go to the people's court and explain the reasons; If the person subjected to execution is a legal person or other organization, the legal representative or the person in charge of the person subjected to execution shall generally go to the people's court and explain the reasons. If the people's court considers the reasons established after examination, it shall make a decision to correct them.
Article 4 The information recorded and published in the list of persons subjected to dishonesty shall include:
(1) the name of the legal person or other organization as the person subjected to execution, the organization code, the name of the legal representative or person in charge;
(2) The name, gender, age and ID number of the natural person who is the person to be executed;
(3) the obligations specified in the effective legal documents and the performance of the person subjected to execution;
(4) the specific circumstances of the untrustworthy behavior of the person subjected to execution;
(5) The producer and document number, execution case number, filing time and execution court of the execution basis;
(6) other matters that the people's court thinks should be recorded and announced, which do not involve state secrets, commercial secrets or personal privacy.
article 5 the people's courts at all levels shall enter the information of the list of people who have been executed in bad faith into the list database of people who have been executed in bad faith in the Supreme People's Court, and publish it to the public through this list database.
people's courts at all levels may, according to the actual situation in various places, publish the list of people who have been executed for breach of trust through newspapers, radio, television, internet, court bulletin boards and other means, and may regularly publicize the implementation of the list system of people who have been executed for breach of trust in their own courts and courts under their jurisdiction by means of press conferences or other means.
article 6 the people's court shall notify the relevant departments, financial regulatory agencies, financial institutions, institutions undertaking administrative functions and trade associations of the information on the list of people who have been executed in breach of trust, so that the relevant units can, in accordance with laws, regulations and relevant regulations, make a decision on the breach of trust in * * * procurement, tendering and bidding, administrative examination and approval, * * * support, financing and credit, market access and qualification recognition.
the people's court shall notify the credit reporting agency of the information on the list of persons who have been executed in bad faith, and the credit reporting agency shall record it in its credit reporting system.
if the person subjected to breach of trust is a state functionary, the people's court shall inform his unit of the breach of trust.
if the person subjected to dishonesty is a state organ or a state-owned enterprise, the people's court shall inform the superior unit or the competent department of its dishonesty.
Article 7 If the person subjected to dishonesty meets any of the following circumstances, the people's court shall delete the relevant information from the list of persons subjected to dishonesty:
(1) All the obligations specified in the effective legal documents have been fulfilled;
(2) an execution settlement agreement has been reached with the application executor and confirmed by the application executor to be fulfilled;
(3) the people's court decides to terminate the execution according to law. The court has also revoked the list of people who have lost their trust. When can the bank make a credit inquiry? Article 7 of the Provisions of the Supreme People's Court on Publishing the Information of the List of People who have lost their trust meets one of the following circumstances, the people's court shall delete the relevant information from the list of people who have lost their trust:
(1) All the obligations specified in the effective legal documents have been fulfilled;
(2) an execution settlement agreement has been reached with the application executor and confirmed by the application executor to be fulfilled;
(3) the people's court decides to terminate the execution according to law. The two sides have settled privately. When can the court cancel the list of untrustworthy people?
This requires an application. For example, the creditor applies for cancellation of compulsory execution or the debtor applies for cancellation of the registration of the untrustworthy person after performing the debt.
1. If the mistake of dishonesty is included, you can directly explain the reasons to the court and ask for cancellation.
2. If the breach of trust is met, apply to the court for cancellation after paying off the arrears.
Article 3 If the person subjected to execution thinks that it is wrong to include it in the list of persons subjected to dishonesty, he may apply to the people's court for correction. If the person subjected to execution is a natural person, the person subjected to execution shall generally go to the people's court and explain the reasons; If the person subjected to execution is a legal person or other organization, the legal representative or the person in charge of the person subjected to execution shall generally go to the people's court and explain the reasons. If the people's court considers the reasons established after examination, it shall make a decision to correct them.
Article 7 If the person subjected to dishonesty meets any of the following circumstances, the people's court shall delete the relevant information from the list of persons subjected to dishonesty:
(1) All the obligations specified in the effective legal documents have been fulfilled;
(2) an execution settlement agreement has been reached with the application executor and confirmed by the application executor to be fulfilled;
(3) the people's court decides to terminate the execution according to law. Under what conditions can a sentence be commuted
1. Applicable conditions for commutation: During the execution period, a criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may have his sentence commuted if he earnestly abides by prison regulations, receives education and reform, and truly shows repentance or meritorious service; Those who have made one of the following major meritorious deeds shall be given a reduced sentence: < P > (1) Those who have prevented others from committing major criminal activities;
(2) reporting major criminal activities inside and outside the prison, which is verified by investigation;
(3) there are inventions or major technological innovations;
(4) sacrificing oneself to save others in daily production and life;
(5) outstanding performance in resisting natural disasters or eliminating major accidents;
(6) having made other significant contributions to the country and society.
2. The term actually executed after commutation shall not be less than the following term:
(1) The term sentenced to public surveillance, criminal detention or fixed-term imprisonment shall not be less than half of the original sentence;
(2) Life imprisonment shall not be less than 13 years;
(3) if a criminal whose death sentence is commuted by the people's court according to the provisions of paragraph 2 of Article 5 of this Law is commuted to life imprisonment after the expiration of the suspension period, it shall not be less than 25 years, and if it is commuted to 25 years' imprisonment after the expiration of the suspension period, it shall not be less than 2 years.
3. Procedures. For the commutation of a criminal, the executing organ shall submit a proposal for commutation to the people's court at or above the intermediate level. The people's court shall form a collegial panel to hear the case, and if there is a fact of repentance or meritorious service, it shall order that the sentence be reduced. No commutation shall be allowed without legal procedures. Whether the suspension of execution of the original judgment can revoke the list of untrustworthy people
Suspension of execution does not mean the end of execution, and the case is still not executed, which means that the case is still in the execution program, so the list of untrustworthy people will not be revoked. The list of untrustworthy people was withdrawn by the court. How long can I buy a plane ticket?
I should be removed from the list after all the procedures are finished. You can check your name in China Executive Information Disclosure Network, or check it on the blacklist of companies with WeChat service number. If you are removed from the list, you can fly. The following netizens answered correctly, usually three to seven working days, hoping to help you. How can people on the list of untrustworthy people in the court fly?
you can use the old passport for check-in.
1. Generally speaking, a person who is listed as a person who has lost his trust by the court, that is, a blacklist, is not allowed to fly or buy a second-class seat or above on a bullet train.
2. However, when flying in China, you can use not only your ID card, but also your passport and other identification documents. In addition, the cycle of passport replacement is generally long, so many old passports have not been replaced in time.
3. The old passport that has not been replaced is not connected to the Internet, so you can use the old passport to board the plane.
4. However, it is worth reminding that the above is only a temporary method. If you really want to be free to travel, please solve the problem of being listed as an executor of dishonesty by the court in time. Under what conditions can people evolve?
Evolution is random, with gene mutation and then natural selection. It is a long process. How can I apply for a credit card from the blacklist of untrustworthy people?
What are the requirements for applying for a credit card?
1. Go to the staff of the credit card center at the local bank outlets, and some banks support online banking applications;
2. He has reached the age of 18 and has full capacity for civil conduct;
3. Have the ability of stable income and timely repayment;
4. Submit ID card, work certificate, income certificate or assets certificates such as real estate and vehicles under your own name;
5, social security card;
6, other bank credit cards and so on.
7. Fill in the application form
8. Submit the completed application form, and the bank will give a reply according to your conditions. You can also enter the ID number on the bank's official website to check the application progress.
The standard requirements for handling credit cards vary from bank to bank. The above information is not necessary, depending on the requirements of the bank, but proof of work and income is very important. Because the credit card debt has been drawn into the list of untrustworthy persons, how can we cancel the list of untrustworthy persons after settlement?
If the credit card continues to be used and repaid on time, the credit will be recovered slowly. It is impossible for the bank to just stare at the past, and the bank will follow the latest flow.
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