Legal basis of driving restriction order

Legal Analysis: On July 4, 20/kloc-0, the Supreme People's Court issued the Regulations on Restricting the High Consumption of Executed Persons (hereinafter referred to as the Regulations), which will take effect on July 4, 20/kloc-0. The purpose of the regulation is to prevent the debtor from maliciously evading the debt by limiting the debtor's high consumption, and finally force him to fulfill his obligations voluntarily, so as to protect the legitimate rights and interests of the executed person to the maximum extent and safeguard the judicial authority. Due to the imperfection of China's credit system, on the one hand, some people who have been executed refuse to fulfill their obligations determined by effective legal documents, on the other hand, they engage in various high-consumption behaviors.

Legal basis: Several Provisions of the Supreme People's Court on Restricting the High Consumption and Related Consumption of the Executed Person.

Article 1 If the person subjected to execution fails to fulfill the payment obligations specified in the effective legal documents within the time limit specified in the enforcement notice, the people's court may take measures to limit his high consumption and related consumption that is not necessary for life and business.

The people's court shall take measures to restrict the consumption of the person subjected to execution who is included in the list of people subjected to dishonesty.

Article 2 When the people's court decides to take measures to restrict consumption, it shall consider whether the person subjected to execution has performed passively, evaded execution or resisted execution, as well as the performance ability of the person subjected to execution.

Article 3 If the person subjected to execution is a natural person, he shall not engage in the following high-consumption and unnecessary consumption behaviors after taking measures to restrict consumption:

(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.

If the person subjected to execution is a unit, the person subjected to execution, its legal representative, principal responsible person, person directly responsible for debt performance and actual controller shall not carry out the acts specified in the preceding paragraph after taking measures to restrict consumption. Anyone who uses personal property for private consumption to commit the acts mentioned in the preceding paragraph may apply to the enforcement court for enforcement. If the examination by the enforcement court is true, it shall be allowed.

Article 5 If the people's court decides to take measures to restrict consumption, it shall issue a consumption restriction order to the person subjected to execution. The consumption restriction order shall be issued by the president of the people's court. A consumption restriction order shall specify the time limit, items and legal consequences of consumption restriction.