Decision of the Supreme People's Court on Amending the "Several Provisions of the Supreme People's Court on Restricting High Consumption by Persons Subject to Enforcement"

The "Decision of the Supreme People's Court on Amending the Several Provisions on Restricting High Consumption by Persons Subject to Enforcement" was adopted at the 1657th meeting of the Judicial Committee of the Supreme People's Court on July 6, 2015, and is hereby promulgated, effective from July 22, 2015.

Supreme People's Court

July 20, 2015

Fa Shi [2015] No. 17

Decision of the Supreme People's Court on Amending the Several Provisions on Restricting High Consumption by Persons Subject to Enforcement

(Adopted at the 1657th meeting of the Judicial Committee of the Supreme People's Court on July 6, 2015)

According to the decision of the 1657th meeting of the Judicial Committee of the Supreme People's Court, the following amendments are made to the "Several Provisions on Restricting High Consumption by Persons Subject to Enforcement":

1. Amend the "Several Provisions on Restricting High Consumption by Persons Subject to Enforcement" to: "Several Provisions on Restricting High Consumption and Related Consumption by Persons Subject to Enforcement".

2. Amend Article 1 to: "If a person subject to enforcement fails to fulfill the payment obligations determined by the effective legal document within the period specified in the enforcement notice, the people's court may take measures to restrict consumption, limiting their high consumption and related consumption that is not necessary for living or business."

Article 1 adds a second paragraph: "For persons subject to enforcement included in the list of dishonest persons subject to enforcement, the people's court shall take measures to restrict consumption against them."

3. Amend Article 2 to: "When the people's court decides to take measures to restrict consumption, it shall consider factors such as whether the person subject to enforcement has negative performance, evasion of enforcement, or resistance to enforcement, as well as the performance ability of the person subject to enforcement."

4. Amend the first paragraph of Article 3 to: "If the person subject to enforcement is a natural person, after measures to restrict consumption are taken, they shall not engage in the following high consumption and non-living and work necessary consumption behaviors:"

The ninth item of the first paragraph is amended to: "(9) Taking all seats on G-series high-speed trains, first-class or above seats on other high-speed trains, and other non-living and work necessary consumption behaviors."

The second paragraph is amended to: "If the person subject to enforcement is an entity, after measures to restrict consumption are taken, the person subject to enforcement and their legal representative, main responsible person, directly responsible personnel affecting debt performance, and actual controller shall not engage in the behaviors specified in the previous paragraph. If personal property is used for private consumption to engage in the behaviors specified in the previous paragraph, an application can be made to the enforcement court. If the enforcement court verifies the facts, it shall be permitted."

5. Amend Article 4 to: "Measures to restrict consumption are generally proposed by the applicant for enforcement in writing, and decided by the people's court after review; if necessary, the people's court may decide ex officio."

6. Amend Article 5 to: "When the people's court decides to take measures to restrict consumption, it shall issue a restriction order to the person subject to enforcement. The restriction order shall be signed by the president of the people's court. The restriction order shall specify the period, items, legal consequences, and other contents of the restriction on consumption."

7. Amend Article 6 to: "When the people's court decides to take measures to restrict consumption, it may deliver a notice of assistance in enforcement to units obligated to assist in investigation and enforcement according to the needs of the case and the situation of the person subject to enforcement, or it may announce it in relevant media."

8. Amend Article 7 to: "The announcement cost of the restriction order shall be borne by the person subject to enforcement; if the applicant for enforcement applies for media announcement, they shall advance the announcement cost."

9. Amend Article 8 to: "If the person subject to enforcement restricted from consumption needs to engage in consumption activities prohibited by these provisions for living or business necessities, they shall apply to the people's court and may proceed only after approval."

10. Amend Article 9 to: "During the period of restriction on consumption, if the person subject to enforcement provides valid guarantees or with the consent of the applicant for enforcement, the people's court may lift the restriction order; if the person subject to enforcement has fulfilled the obligations determined by the effective legal document, the people's court shall promptly lift the restriction order within the scope of the notice or announcement in Article 6 of these provisions."

11. Amend Article 10 to: "The people's court shall set up a reporting phone number or email to accept reports from the applicant for enforcement and the public regarding violations of Article 3 of these provisions by persons subject to enforcement restricted from consumption, and conduct review and identification."

12. Amend the first paragraph of Article 11 to: "If the person subject to enforcement engages in consumption behaviors that violate the restriction order, it constitutes refusal to perform the judgment or ruling that has taken legal effect by the people's court, and if verified, shall be detained or fined according to the provisions of Article 111 of the Civil Procedure Law of the People's Republic of China; if the circumstances are serious and constitute a crime, criminal responsibility shall be pursued."

The second paragraph is amended to: "If relevant units allow the person subject to enforcement to engage in high consumption and related consumption that is not necessary for living or business after receiving the notice of assistance in enforcement from the people's court, the people's court may pursue their legal responsibility according to the provisions of Article 114 of the Civil Procedure Law of the People's Republic of China."

13. Delete Article 12.

According to this decision, the "Several Provisions on Restricting High Consumption by Persons Subject to Enforcement" are amended accordingly and republished.

Several Provisions on Restricting High Consumption and Related Consumption by Persons Subject to Enforcement

(Adopted at the 1487th meeting of the Judicial Committee of the Supreme People's Court on May 17, 2010, amended according to the "Decision of the Supreme People's Court on Amending the Several Provisions on Restricting High Consumption by Persons Subject to Enforcement" adopted at the 1657th meeting of the Judicial Committee of the Supreme People's Court on July 6, 2015, effective from July 22, 2015)

In order to further strengthen enforcement efforts, promote the construction of the social credit mechanism, and maximize the protection of the legitimate rights and interests of the applicant for enforcement and the person subject to enforcement, these provisions are formulated in accordance with the relevant provisions of the Civil Procedure Law of the People's Republic of China, combined with the practical experience of civil enforcement work in the people's courts.

　　Article 1If the person subject to enforcement fails to fulfill the payment obligations determined by the effective legal document within the period specified in the enforcement notice,

the people's court may take measures to restrict consumption, limiting their high consumption and related consumption that is not necessary for living or business.

For persons subject to enforcement included in the list of dishonest persons subject to enforcement, the people's court shall take measures to restrict consumption against them.

　　Article 2When the people's court decides to take measures to restrict consumption, it shall consider factors such as whether the person subject to enforcement has negative performance, evasion of enforcement, or resistance to enforcement, as well as the performance ability of the person subject to enforcement.

　　Article 3If the person subject to enforcement is a natural person, after measures to restrict consumption are taken, they shall not engage in the following high consumption and non-living and work necessary consumption behaviors:

(1) When using transportation, choose airplanes, soft sleeper trains, or cabins above second class on ships;

(2) Engage in high consumption at star-rated hotels, nightclubs, golf courses, and other venues.

(3) Purchase real estate or newly build, expand, or renovate high-end houses;

(4) Rent high-end office buildings, hotels, apartments, etc. for office use;

(5) Purchase non-essential vehicles;

(6) Travel and vacation;

(7) Children attending high-fee private schools;

(8) Pay high premiums to purchase insurance financial products;

(9) Taking all seats on G-series high-speed trains, first class or above on other high-speed trains, and other non-essential consumption behaviors for life and work.

If the person being executed is a unit, after consumption restrictions are imposed, the person being executed and their legal representative, main responsible person, directly responsible personnel affecting debt performance, and actual controller shall not engage in the behaviors specified in the previous paragraph. If personal property is used for private consumption in violation of the previous paragraph, an application can be submitted to the execution court. If the execution court verifies the facts, it should be approved.

　　Article 4Consumption restriction measures are generally proposed by the applicant for execution in a written application, and decided by the people's court after review; if necessary, the people's court may decide ex officio.

　　Article 5If the people's court decides to impose consumption restriction measures, it shall issue a consumption restriction order to the person being executed. The consumption restriction order shall be issued by the president of the people's court. The consumption restriction order shall specify the duration, items, legal consequences, and other contents of the consumption restriction.

　　Article 6If the people's court decides to impose consumption restriction measures, it may deliver a notice of assistance in execution to units obligated to assist in the investigation and execution according to the needs of the case and the situation of the person being executed, and may also announce it in relevant media.

　　Article 7The announcement cost of the consumption restriction order shall be borne by the person being executed; if the applicant for execution applies for media announcement, they shall advance the announcement cost.

　　Article 8If the person being executed who is restricted from consumption needs to engage in consumption activities prohibited by these regulations for life or business necessities, they shall apply to the people's court and may proceed only after approval.

　　Article 9During the period of consumption restriction, if the person being executed provides valid guarantees or with the consent of the applicant for execution, the people's court may lift the consumption restriction order; if the person being executed has fulfilled the obligations determined by the effective legal documents, the people's court shall promptly lift the consumption restriction order within the scope of the notice or announcement in Article 6 of these regulations.

　　Article 10The people's court shall set up a reporting phone number or email to accept reports from the applicant for execution and the public regarding violations of Article 3 of these regulations by the person restricted from consumption, and conduct review and identification.

　　Article 11If the person being executed violates the consumption restriction order, it constitutes refusal to perform the legally effective judgment or ruling of the people's court, and if verified, shall be detained or fined according to Article 111 of the Civil Procedure Law of the People's Republic of China; if the circumstances are serious and constitute a crime, criminal responsibility shall be pursued.

If relevant units allow the person being executed to engage in high consumption and non-essential consumption after receiving the notice of assistance in execution from the people's court, the people's court may pursue their legal responsibility according to Article 114 of the Civil Procedure Law of the People's Republic of China.