Several Provisions of the Supreme People's Court on Restricting Extravagant Spending and the Relevant Consumption of Persons Subject to Enforcement (Revised in 2015)
Several Provisions of the Supreme People's Court on Restricting Extravagant Spending and the Relevant Consumption of Persons Subject to Enforcement (Revised in 2015)
Several Provisions of the Supreme People's Court on Restricting Extravagant Spending and the Relevant Consumption of Persons Subject to Enforcement (Revised in 2015)
Fa Shi [2015] No.17
July 20, 2015
(Adopted at the 1487th Session of the Judicial Committee of the Supreme People's Court on May 17, 2010 and amended in accordance with the Decision of the Supreme People's Court on Revising the Several Provisions of the Supreme People's Court on Restricting Extravagant Spending of Persons Subject to Enforcement adopted on July 6, 2015 for implementation as of July 22, 2015 at the 1657th Session of the Judicial Committee of the Supreme People's Court)
In order to further strengthen the enforcement, promote the building of social credit mechanism, and best protect the legitimate rights and interests of the enforcement applicants and the parties subject to enforcement, the Several Provisions of the Supreme People's Court on Restricting Extravagant Spending of Persons Subject to Enforcement (hereinafter referred to as the "Provisions") are formulated in accordance with the Civil Procedure Law of the People's Republic of China and in combination with the practice experience of people's courts in civil enforcement.
Article 1 Where a person subject to enforcement fails to fulfill the payment obligations determined in an effective legal document within the term prescribed in the enforcement notice, the people's court may take spending restriction measures to restrict the extravagant spending and the relevant spending not necessary in daily life or business operation thereof.
The people's courts shall take spending restriction measures against persons subject to enforcement included in the list of bad-faith persons subject to enforcement.
Article 2 When a people's court decides to take spending restriction measures, the court shall take into account factors such as whether the person subject to enforcement has been passive in performing the obligations or has evaded or rejected the enforcement, and the performance ability of the person subject to enforcement.
Article 3 After the spending restriction measures have been taken against a person subject to enforcement who is a natural person, the person subject to enforcement shall not have the following extravagant spending acts and the relevant spending acts not necessary in daily life or work:
1.
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