Legal credit recovery in Xingtian: the draft credit recovery certificate has been developed into several model court documents.

In order to help the untrustworthy market players to restore their normal credit status, restore and increase their market trading opportunities, and promote the improvement of the integrity level of the whole society, Xingtian Legal Affairs published the text on the Internet for the reference of credit repair applicants and case-handling organs.

Linyi People's Court of Shandong Province

Credit repair certificate

? document number

Regarding the dispute over the lease contract between the applicant executor and the executor, the executor fulfilled the obligations stipulated in the effective legal documents, and the execution of the case ended.

At present, our hospital has deleted the consumption restriction measures that include untrustworthy information and screen the executed person _, and has blocked the relevant information of the executed person _, and the credit of the executed person has been restored. Relevant units should not give credit punishment to this case in terms of government procurement, bidding, administrative examination and approval, government support, financing credit, market access, qualification identification, etc.

This is to certify that.

Official seal of court

Date, year and month

June 23(rd), 2022

Shanghai Minhang court issued the first "credit repair certificate"

Delete untrustworthy information for small and micro enterprises involved in litigation

Carry out credit repair on it.

Give full play to judicial functions.

Help difficult enterprises to resume development.

Brief introduction of the case

Plaintiff Xiao Liu and defendant Xinke Company.

Litigation in labor contract disputes

After the trial and judgment of the court

The "Xinke" company needs to pay Xiao Liu.

Performance pay totals more than 268,000 yuan.

After the judgment comes into effect

"Xinke" Company failed to fulfill its obligations according to the judgment.

Xiao Liu applied to the court for enforcement.

In the process of implementation

The court froze the bank account number of the "Xinke" company according to law.

Compulsory measures such as restricting consumption and a list of untrustworthy personnel.

Because the "letter branch" company has not been able to raise enough funds.

There are no properties available for execution.

Implementation is deadlocked.

On May 26th, the legal representative of "Xinke" Company was Xiaokang.

Reflect to the case undertaker

Xinke company is a small and micro enterprise.

The epidemic has overwhelmed companies that are already in trouble.

After the court takes compulsory measures against the company according to law

The company's operating conditions are even worse.

But as the legal representative of the company,

He has been actively raising funds.

I hope to properly handle this dispute.

However, there are still many gaps from the amount of the execution target of this case.

I implore the court to help communicate and promote reconciliation between the two sides.

After the case undertaker learned about the relevant situation

Contact Xiao Liu quickly

Explain to them "Shinco" company.

I hope to reach a settlement with it.

The idea of closing the case once and for all

After many twists and turns, the organizer patiently communicated with both sides, reasoned and explained the law.

The case was resumed on June 65438, 2004.

The two sides realized the "micro court" system through wisdom.

In the form of asynchronous test

Reach an implementation settlement agreement.

And signed an electronic conversation record.

The application executor agrees that the person subjected to execution will repay 250,000 yuan in one lump sum.

And lift the relevant restrictions.

Subsequently, the case was executed in place and 250,000 yuan was returned to the person subjected to execution.

Since then, the case has been successfully implemented.

After the performance.

Xiaokang said that although the "Xinke" company is a small and micro enterprise,

But enterprise credit is very important for enterprises.

And the legal representative himself.

I hope the court can combine the actual situation

Repair its credit according to law

And submit it to the court

Credit repair application, commitment letter and other materials.

After discussion by the collegial panel

Combined with the case and relevant laws and regulations

Shanghai Minhang court uses credit repair mechanism.

Issue a "credit repair certificate" to the "Xinke" company.

Provide strong support for small and micro enterprises to resume work and production.

After Xiaokang received the credit repair certificate issued by the court,

Express gratitude in court

"Shanghai Minhang Court thinks what enterprises think.

Repair reputation for small and micro enterprises

Court relief

Go into battle lightly! "

The executive judge said

Small and medium-sized enterprises are the main body of the market and the main force to ensure employment. Their survival is closely related to the national economic and social development. Under the impact of this epidemic, market players, especially small and medium-sized enterprises, are under great pressure and encounter many difficulties in production and operation. In order to help enterprises resume normal and orderly operation as soon as possible, Shanghai Minhang Court issued a credit repair certificate according to law, encouraging parties to take the initiative to fulfill their obligations, take responsibility, eliminate adverse effects and rebuild good credit. This move not only protects the legitimate rights and interests of the parties, but also provides strong support for small and micro enterprises to resume work and production. By using the credit evaluation mechanism, the trustworthy can "reduce costs and increase pressure" and the untrustworthy can "pay the price and increase pressure", and explore the establishment of a credit repair mechanism for the parties to provide judicial help for further optimizing the business environment.

Author: Icon Xie.

Assistant to the Executive Board Judge

Recently, Jiangyin Court issued the first personal credit repair certificate and the first enterprise credit repair certificate, which is an important measure for Jiangyin Court to explore the credit repair mechanism of individuals and enterprises and positively encourage the executors who actively perform their legal obligations.

In the case of the dispute between the executed person Zhu and the executed person Zhang over the house sales contract, the executed person applied to Jiangyin Court for compulsory execution because the executed person failed to fulfill the payment obligation. In the process of execution, the person subjected to execution fails to perform his obligations and violates the property reporting system, and the court takes credit disciplinary measures such as restricting high consumption and disclosing the information of the person subjected to execution. After that, the person subjected to execution took the initiative to contact the court. According to its introduction, due to personal financial problems in the early stage, the performance of the contract was delayed, and now it has improved, so it actively fulfilled all obligations in this case to the applicant executor. After the person subjected to execution completed his performance, Jiangyin Court promptly lifted the credit disciplinary measures taken against him. Considering that there may be asymmetric credit information and poor access to credit data between financial institutions and units objectively, in order to avoid the possibility that the person subjected to execution in this case will still be punished after credit repair, Jiangyin Court decided to issue a personal credit repair certificate to him.

In the case of a construction contract dispute between a company in Wuxi, a company in Henan and a company in Jiangyin, the person subjected to execution applied to the Jiangyin court for compulsory execution because the person subjected to execution failed to perform the payment obligation. In the process of implementation, the court took credit disciplinary measures such as disclosing the information of the person subjected to execution and restricting the high consumption of the legal representative of the company. After that, the court deducted the bank deposit in the name of a bank account of a company in Henan in full according to law and fully implemented it. A company in Houjiangyin proposed to bear joint and several liability, and a company in Henan has fulfilled its payment obligation and is a state-owned company, requesting the court to delete it from the list of dishonesty. Jiangyin court promptly lifted the credit punishment measures taken against it. Considering that there may be asymmetric credit information and poor access to credit data between financial institutions and units, Jiangyin Court issued the Certificate of Enterprise Credit Recovery.

The Personal Credit Repair Voucher and the Enterprise Credit Repair Voucher clearly stated that the person subjected to execution fulfilled the obligations stipulated in the effective legal documents, the court lifted the disciplinary measures such as restricting high consumption, the relevant information of the person subjected to execution was blocked, and the credit of the person subjected to execution was repaired. The relevant units shall not impose credit punishment on the person subjected to execution in the above two cases in terms of government procurement, bidding, administrative examination and approval, government support, financing and credit, market access, qualification identification, etc.

Jiangyin court always regards punishing dishonesty and encouraging honesty as an important measure to promote the construction of social credit system. In the next step, Jiangyin Court will, together with credit management, market supervision and management, taxation and other departments, investigate those who have broken their promises one by one, take timely credit repair measures for qualified individuals and enterprises, encourage and support law-abiding and honest behaviors, and promote those who have been executed to actively correct their dishonesty and create a social atmosphere in which honesty should be praised and dishonesty should be punished.

"Now our company's' stain' has been erased, and we can get out of the high-cost dilemma with' full blood'!" On April 25th, the representative of a concrete company in Suqian City was in high spirits after receiving the credit repair certificate issued by the suyu district Court in Suqian City!

2065438+April 2007, Suyu Court, in the process of executing the case of a dispute over a sales contract between Tang and a local concrete company, listed the concrete company in the list of persons who have been executed for breach of trust according to law.

Because the person subjected to execution was involved in many enforcement cases and was insolvent, the court initiated the procedure of "transferring the case to bankruptcy". Later, in the process of bankruptcy liquidation, in order to maximize the value of the debtor's assets and the creditor's rights and interests, the court reorganized the company by selling.

"However, due to the low credit rating, our company has borne high costs in the process of bankruptcy reorganization, and bankruptcy reorganization has entered a dilemma." Company representative introduced. Considering the practical difficulties faced by those who are listed as untrustworthy in the process of enterprise restructuring, recently, the executive judge upheld the concept of honest and civilized implementation and issued a credit repair certificate and notice ex officio, which effectively promoted the smooth reorganization of the company involved.

In order to solve this practical problem and help enterprises "revive with blood". Combined with the "Year of Optimizing the Business Environment under the Rule of Law" launched by Suqian City, the institute launched the 1+4 special action to establish a credit commitment and credit repair mechanism for those who have broken their promises. In mid-April, it was decided to delete the untrustworthy information for the company. And issued the city's first "credit repair certificate" according to law.

It is understood that in recent years, the Suyu court has handled credit repair for 1425 executed enterprises who voluntarily fulfilled their obligations around optimizing the business environment under the rule of law, boosting the integrity construction in Suyu and adhering to the concept of honest and civilized implementation.

In addition, in order to further strengthen the positive incentives, Suyu Court, in accordance with the deployment requirements of the provincial court's "year of optimizing business environment under the rule of law" 1+4 special action, carried out the special action of "warming enterprises" in enterprise credit repair, established and improved the credit commitment and credit repair mechanism of those who broke their promises, and comprehensively applied measures such as credit repair, education supervision and "illegal" dishonesty, which effectively promoted the region.

Xinhua Daily Meeting Point reporter Sun Xuhui correspondent Liu Zhuyu

A few days ago, Nanshan court issued a credit repair decision and a credit repair certificate to Huang Moumou, the person who was executed for dishonesty, after reviewing his application for credit repair according to law. This case is the first case in the city to apply the credit repair incentive mechanism.

Nanshan Court accepted the case of a loan contract dispute between a company in Shanghai and the executor Huang Moumou. Because the executed person Huang Moumou refused to perform the effective judgment and did not truthfully declare his property to Nanshan Court, Nanshan Court listed Huang Moumou on the list of untrustworthy executors on April 1 1 this year and announced it to the public.

Due to the disciplinary action of dishonesty, Huang fell into the situation of "one place is untrustworthy and limited everywhere". On the one hand, Huang regrets his dishonesty, on the other hand, he is distressed that the company's business is sluggish and he can't pay off the execution money at one time. After understanding Huang's ideas, the executive judge preached to him the relevant provisions on suspending the application of credit disciplinary measures and credit repair in the concept of good faith implementation. After hearing this, Huang was deeply touched and expressed his attitude of paying off debts and the requirements of credit repair.

On June 1 day, the person subjected to execution, Huang Moumou, applied to Nanshan Court to suspend the application of credit disciplinary measures, and at the same time submitted evidence materials such as payment vouchers, commitment letter for paying off debts in recent installments, and truthfully declared the property to Nanshan Court.

According to the relevant provisions of the Supreme People's Court's Opinions on Further Strengthening the Implementation of the Concept of Honesty and Civilization, the collegial panel of Nanshan Court, after deliberation, considered that the executed person Huang met the conditions for credit repair, and decided to issue a credit repair decision and a credit repair certificate to him to suspend the application of credit disciplinary measures. The suspension period was from June/Kloc-0 to August 23, 2022.

Characters and numbers used to specify serial numbers.

Taiyuan Wanbailin District People's Court

watch out for

Promoting the optimization of the business environment by means of the rule of law is of great significance to stabilizing market expectations and boosting development confidence. Relying on the rule of law and creating a better business environment is the best way to develop the economy and awaken the vivid scene of "Qian Fan strives for development and flow" with high quality. Once an enterprise breaks its promise, it will face many inconveniences. But should all dishonest enterprises be "killed with one stick"?

On May 27th, 2022, Wanbailin Court issued the first enterprise "credit repair certificate" of the city's courts to a development company of the executed enterprise.