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What are the causes of untrustworthy personnel and how to check them?
First, how is the untrustworthy person formed?
If the person subjected to execution fails to fulfill 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 for breach of trust and impose credit punishment on him according to law:
(1) has the ability to perform and refuses to perform the obligations specified in the effective legal documents;
(2) Obstructing or resisting execution by forging evidence, violence or threats;
(3) evading execution by means of false litigation, false arbitration or concealing or transferring property;
(4) Violating the property reporting system;
(5) Violating the consumption restriction order;
(6) refusing to perform the settlement agreement without justifiable reasons.
Second, what are the behaviors of untrustworthy people?
1. Actions that can be taken against people who break their promises:
First, some high-consumption behaviors are prohibited, including sleeping on planes and trains;
The second is to implement other credit punishments, including restricting loans from financial institutions or handling credit cards;
Third, if the person subject to execution is a natural person, he shall not be the legal representative, director, supervisor or senior manager of the enterprise.
2. Implementation
(1) execute the deposit of the respondent;
(2) Enforcing the income of the respondent;
(3) Enforcing the respondent's stocks and other property;
(4) Enforcing the movable property such as the vehicle of the person subjected to execution;
(5) Enforcing the debtor's property such as accounts receivable;
(6) Enforcing the land, real estate and other immovable property of the respondent;
(7) Forcing the respondent to return specific property;
(8) Double the interest on the debt during the period of delayed performance, and pay the overdue amount;
(9) Compulsory measures such as fines and detention;
(10) Entry and exit restrictions, etc.
Third, what are the restrictions on untrustworthy people?
1, limit the following high consumption: when taking transportation, choose the second-class class or above of airplanes, trains and ships; High consumption in hotels, hotels, nightclubs, golf courses and other places above the star level; Purchase real estate or build, expand or decorate high-grade houses; Rent high-end office buildings, hotels, apartments and other places to work; Purchase non-operating vehicles; Travel, vacation; Private schools with high fees for children; Pay high premiums to buy insurance wealth management products; Non-essential consumption behaviors such as taking all seats on G-prefix EMU trains and first-class seats on other EMU trains;
2. The Executive Board of the Supreme People's Court signed a memorandum of cooperation with the Credit Information Center of the People's Bank of China, and * * * clearly incorporated the information of the list of people who have lost their trust into the relevant operation procedures of the credit information system. In the future, the information of the list of people who have broken their promises will be included in the credit files of the people who have been executed, and will be provided to financial institutions and other units in the form of credit reports for the relevant units to consider when auditing loans and other businesses;
3. List of persons who have been executed in breach of trust: it refers to the list of six categories of persons (adopted by the Judicial Committee at its1582nd meeting on February 28th, 2004), such as "persons who have the ability to perform but have not fulfilled the obligations specified in the effective legal documents" as mentioned in Article 1 of the Provisions of the Supreme People's Court Municipality on Publishing the Information of the List of Persons who have been executed in breach of trust, that is, those who have the ability to perform are not.
4. The people's court shall inform the relevant government 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 bad faith, so that the relevant units can punish the people who have been executed in bad faith in terms of government procurement, bidding, administrative examination and approval, government support, financing and credit, market access, qualification identification and so on in accordance with laws, regulations and relevant provisions.
Generally speaking, when you become a faithless person, it will not only have a certain impact on your daily life, but also have a certain impact on your children. For example, there are restrictions on high consumption in daily consumption, as well as restrictions on flying and high-speed rail. Only when you maliciously refuse to perform the obligation of legal judgment can you be classified as an untrustworthy person.
Legal basis:
"Several Provisions of the Supreme People's Court Municipality on Publishing the Information of the List of Persons Executed for Breach of Trust" (adopted at the 1st meeting of the the Supreme People's Court Judicial Committee1582nd meeting) Article 1 If the person subjected to execution fails to fulfill the obligations specified in the effective legal documents, and in any of the following circumstances, the people's court shall include him in the list of persons executed for breach of trust and impose credit punishment on him according to law;
1. Have the ability to perform and refuse to perform the obligations specified in the effective legal documents;
2. Obstructing or resisting execution by forging evidence, violence or threats;
3. Evading execution by means of false litigation, false arbitration or concealing or transferring property; Violating the property reporting system; Violating the consumption restriction order;
4. Refusing to perform the settlement agreement without justifiable reasons.
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