Job Recruitment Website - Recruitment portal - Why is Lao Lai (debtor) increasing year by year? What impact does it have on society if the implementation is difficult to solve?
Why is Lao Lai (debtor) increasing year by year? What impact does it have on society if the implementation is difficult to solve?
A legal document whose judgment has come into effect can no longer be executed, and its execution is terminated. It is urgent to improve the law as soon as possible. To solve the implementation difficulties, we must first solve: 1, many companies have made preparations for retirement since the establishment of the company in order to avoid legal responsibilities. The real boss is the actual operator. Improper legal person, no shares. If a contract is signed in the name of the legal representative, it can be withdrawn once an irreparable loss dispute is caused. Push the legal representative who has nothing and cannot perform legal documents to the front desk. The court is also very helpless and has no legal basis for enforcement. Even if you know that the operator has hundreds of billions of property, you can't execute it. This is the law that "can't be executed" to end the case.
2. After the judgment is made, all execution procedures and property investigation shall be executed by the court. Rather than requiring the applicant to apply for enforcement.
3. In the process of execution, the court should investigate all the circumstances of the person subjected to execution: marriage, industry and commerce, address, work, bank funds, etc.
4. The court shall also investigate and change the basis and other necessary evidence of the person subjected to execution. Because the applicant does not have such resources.
We should find out the real operator. If it is true that the operator (real power figure) is the person who really controls the fate of the company, we can change the actual operator into the executor.
6. If someone intentionally evades or evades legal responsibility, the court has criminal police who specialize in overseas investigation and pursue them throughout the country. The legal representative or actual operator who intentionally evades or evades will be investigated for criminal responsibility once found out.
7. Improve the treatment of government law enforcers.
8. The applicant has the right to supervise and comment. Government departments can apply for comments from the parties in the year-end assessment as a reference.
9. Government departments should first take the lead, abide by the law, administer according to law, and be honest and trustworthy. Good deeds should be praised and publicized. Bad guys and bad things must be severely punished according to the law and regulations.
Since it has the ability to execute and the coercive power, will it really be impossible to execute it? No, no, no, in fact, there are too many loopholes in the law, the state has not really implemented Lao Lai, and there is no legal basis for all departments to actively and unconditionally cooperate with the court and the parties. 1, the law cannot revoke the execution, 2, revocation terminates the execution, and 3, revocation of the property transferred before and after Lao Lai's prosecution shall be deemed as malicious transfer. 4. After detention, Lao Lai must pay off his debts before he can be released. 5. Detention for more than one year (inclusive) and failure to pay back the money shall be turned into a criminal case and sentenced to less than ten years. 6. No unit or individual in the country is allowed to recruit. Business is unregistered, 8. Everything is restricted, which makes Lao Lai unable to move. 9. All units and individuals in China can report Lao Lai, 10, cancel Lao Lai's privacy right, 1 1, and check Lao Lai's account number in national banks, 12, Telecom, Mobile and China Unicom. It is stipulated that all citizens should have a life-long telephone system, handle it with their ID cards, and have food, clothing and shelter. 13, Public Security Law Network can query any property (including unlicensed buildings) vehicles. 14, which specifies the closing time of the court (closing the case when it is actually executed), 15, case judgment, lifelong system, 16, the parties have the right to supervise and comment on the case, and the government takes this as the year-end assessment award. 17. Cancel the search of the executed person and property. 18, from trial to execution
Publish any cases about implementation. 19, no one connected with Lao Lai can manage the property transferred by Lao Lai; 20. Anyone who sees Lao Lai must report to the court; 2 1, any unit, individual, public prosecutor and law should actively and unconditionally cooperate with the court. 22. According to the law, legal judgment documents should be executed unconditionally within a time limit, and if a time limit is set, they will be implemented uniformly throughout the country.
If you don't punish Lao Lai, you can't fundamentally reduce this kind of Lao Lai. It is far from thirsty to expect to establish a credit information system or improve the social moral level.
The cases are all closed. This execution is over. Look at the court settlement rate 100% or more [laughs] After the end, Lao Lai's account can't be sealed up online, so Lao Lai can feel at ease. "Final settlement" is a welfare for Lao Lai!
There are more and more reasons for Lao Lai. Because the punishment for Lao Lai is too low. This is not a warning. Borrowing money is not a skill. The transfer of property is brilliant. It doesn't matter if you become Lao Lai. It has played a negative role in social integrity. Only crack down on dishonesty. Increase the punishment (imprisonment). Make a warning. The double effect of heavy punishment! Reduce the generation of old lai. Importance of perfecting social credit system.
The so-called "Lao Lai" refers to people who owe others money and don't pay it back. In the legal sense, "Lao Lai" generally refers to a kind of debtor in the civil and commercial field, who has the ability to repay the debts due, but refuses to repay all or part of the debts for some reason. These people, subjectively, have the malice of deliberately delaying the performance of debts; Objectively refuse to perform due debts.
As for why Lao Lai will increase? There are many reasons, the main reason is that the implementation is not enough. In order to get Lao Lai to pay off his debts, the Supreme People's Court promulgated the Provisions on Restricting the High Consumption of the Executed, with the aim of avoiding the malicious evasion of debts by restricting the high consumption of the executed, and finally forcing him to fulfill his obligations voluntarily, so as to protect the legitimate rights and interests of the applicant to the maximum extent. But for Lao Lai, it is not enough to limit their high consumption such as flying and high-speed rail. Because they also have corresponding evasive measures, such as driving, not flying, not using high-speed rail; They can't use their ID cards to stay in high-end hotels, but they can borrow other people's ID cards and so on. In addition, many courts are limited to lack of execution, and often hang the information of untrustworthy people on the Internet, and it is over, resulting in many Lao Lai not afraid to be on the list of untrustworthy people.
The problem of difficult enforcement has not been solved, which has made the people doubt the credibility of the judiciary and questioned the function of judicial demarcation to stop disputes. In order to solve the problem of difficult execution, people's courts at all levels have adopted various means such as networking with financial institutions, real-time monitoring of the account of the executed person, and live broadcast, and achieved certain results. In order to "effectively solve the implementation difficulties", the Supreme People's Court published "the Supreme People's Court's Opinions on Deepening the Implementation Reform and Perfecting the Long-term Mechanism for Solving the Implementation Difficulties-Outline of the People's Courts' Implementation Work (20 19-2023)", proposing to adopt the national "Internet plus supervision" system and the national credit information sharing platform. We will promote the sharing of information about people who have been maliciously executed with public security, civil affairs, human resources and social security, natural resources, housing and urban-rural construction, transportation, culture and tourism, finance, financial supervision, taxation, market supervision, science and technology, and relevant people's organizations, social organizations, enterprises and institutions, so as to realize resource sharing and really give Lao Lai a hiding place.
Make special rules, detain 10 thousand, sentence 50 thousand a year, and so on. It is to arrest Lao Lai and sentence him, so that Lao Lai will not only lose all his money, but also stop this trend at once. See who dares to borrow money in the future.
Why is Lao Lai (debtor) increasing year by year? What impact does it have on society if the implementation is difficult to solve?
The first question:
There are more and more old lai, the main reasons are as follows:
1, some people lack honesty, borrow money and don't want to pay it back, and don't want to pay the bill when they are in trouble.
2. The economic downturn has increased the risk of production and operation.
3. Some financial institutions randomly issue credit cards for profit, and then use public power to collect debts.
4. Financial institutions avoid the risk of lending caused by the break of capital chain.
5. The disciplinary measures for dishonesty are not effective.
Second question: Failure to solve the problem of difficult implementation will have the following impact on society:
1, extreme events have increased, affecting social stability and tranquility. For example, the case of cage sinking in Hangzhou.
2. The credit society is in a vicious circle. For example, rich people would rather depreciate in their hands than lend them out, and they can't raise funds without money and interest.
3. White stripes are flying all over the sky, which seriously affects the image of the judicial system.
4. Lend money to bonus hunter to avoid risks and make everyone feel insecure.
Is there some misunderstanding about "Lao Lai"? Lao Lai is a popular name, but it is more appropriate to call the debtor. The main reasons for the increase of debtors year by year are "failure in starting a business, urgent need for money, broken capital chain" and so on. It is not that they want to default on their debts on purpose, but that their current economic ability is unable to repay their debts.
If these debtors don't pay back the money or breach the contract maliciously, it's no problem to call them Lao Lai, but in fact, most debtors are just unable to pay back the money, not breach the contract, such as college students' online loans, business failures, and broken capital chains. Eventually, they will be unable to repay their loans or debts. After the court hearing, it is confirmed that the debt exists objectively, but even if there is no money to pay it back, then such people will be included in the "list of untrustworthy people", which is called.
Although the number of debtors has gradually increased in recent years due to the economic downturn and the change of people's ideological form, from the thinking of saving to the thinking of ahead of consumption, this is also a major reason for the increase of debtors.
However, I don't believe there are difficulties in implementation. In terms of execution, the court's execution in recent years has been much larger than before. If there is no property in the debtor's name, the court cannot enforce it. However, if there is property under the debtor's name, the court may withdraw the auction for justified reasons except for basic living needs.
Therefore, this is not a problem that you can solve if you want to solve it. The debtor has no property under his name and can't do anything about the debt, but his economic income is too low to repay, so he can only be included in the list of untrustworthy people. But if you want to solve this problem, someone must pay for it. Who will return it? Country?
I see a lot of friends talking about "laolai" and "faithless" who don't pay back the money, how to deal with them and how to kill them. I understand this very well. I also lent money to my friends, and I didn't get the money.
Is it useful to hate them?
Friend: Let's calm down and think about it. Under the big data of the present era, they are under siege, relying on others everywhere, and they can't go to the hospital when they are sick. Because they have no resources for reproduction (re-operation), all their property and bank accounts have been sealed up. They can no longer apply for business licenses and other restrictions, and their survival has become a problem. Someone wants to die.
Let's punish them. But we also think that they have paid taxes for the country, worked day and night for the development of enterprises, and solved some employment problems.
Their only mistake was that their business failed and they were unable to pay their debts.
They want to make a comeback, too. They want to pay their debts. Spend the rest of your life.
Throughout the development of China, there are more or less business losers. If Shi Yuzhu fails now, we will never see melatonin again. Ma Yun also failed. It can be said that most celebrities have failed. If it happens now, they won't be able to regain their glory.
Now many young people see the difficult situation after failure. They don't want to start a business or stay at home with their parents. Some business owners shut down their businesses and "quit the Jianghu" after seeing what happened to their friends.
Dear friends, being kind to others means being kind to yourself and the whole society. For the stability of this country, I really hope that everyone will give the losers a way out.
Social stability comes first.
I only express my own views. I just want to be kind to losers. They are really suffering.
I hope love is on earth.
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