In the new draft law, Lai Lai has completely undertaken the obligation to repay?Expert: No also

Text, Figure/Yangcheng Evening News all -media reporter Dong Liu

Recently, a draft of the "New" Civil Execution Law ", Lao Lai only needs to hide for 5 years without having to assume the obligation to repay? 》 The self -media articles were circulated in many WeChat groups. This article declares that the recent public enforcement law (draft) positively solicited opinions from the society. After losing debts, you only need to hide and avoid it. Five years later, you can continue to be free, without having to bear any repayment obligations. Is the relevant legislative intention of this? Legal experts interviewed here, saying that this is not the case!

Article 83 of the People's Republic of China Civil Compulsory Execution Law (draft) stipulates this: "If one of the following circumstances, the people's court shall rule From the date of this implementation procedure, the property that the person can execute is not found for five years from the date of execution; (9) ... If the execution is completed, the people's court shall terminate the execution measures that have been taken. "

"'Lao Lai only needs to hide for five years, it does not make sense to completely undertake the obligation to repay, and it is not in line with the content of the draft law." Meng Qiang, a professor at the School of Law and the Director of the Civil Code Research Center of Beijing University of Technology, accepted an interview with a reporter from Yangcheng Evening News today. Speaking.

Meng Qiang said that first of all, Article 62 of the draft stipulates that the draft stipulates: "If the parties or other people have one of the following acts, the people's court may be fined and detained according to the seriousness of the circumstances; constitutes a crime of crime. , Criminal responsibility in accordance with the law: (1) evidence to prove that the person executed has the ability to perform and refuses to perform the obligations determined by the implementation of the basis; (2) evading Perform the obligation determined by the implementation of the basis; (3) hidden, forged, and destroy evidence, and prevent witnesses from testimony with violence, threats, and bribery methods. 5) Insulting, threat, slander, framed, beaten, or crack down on retaliated executives, execute participants; (6) Obstocking the executive duties by violence, threats, or other methods; 2. Resistance to execution. The people's court can be fined or detained to the organizations with one of the acts stipulated in the preceding paragraph at the same time. In, the people's court can propose judicial advice to the supervisory organs or other relevant authorities to disciplinary sanctions to the privileged and detention person. "Article 63 stipulates:" The amount of fines for individuals is less than 100,000 yuan; The amount of fines for the organization is RMB 50,000 or less than one million yuan. The detention period is less than fifteen days. "It can Punishment, this is a highlight of the draft.

Secondly, Article 80 of the draft has been emphasized, only "the necessary and reasonable property investigation measures that have been exhausted, and no property that the person being executed is available for execution, the property found that the property found cannot be disposed of or has been punished, but the creditor's rights have not been realized." Only then will ruling the end of the execution process, that is, the executed person does have no money.

Thirdly, Article 81 of the draft also emphasized, "After the execution process is ended, the application for the executor finds that the person who is executed for execution can apply for resumption. After the end, when the property is found, you can apply for recovery.

Only after meeting these conditions can "the end of the end of this execution process and the property that the person can execute can be executed for five years from the date of the execution procedure" and the ending of the execution.

Therefore, Meng Qiang said that even in extreme circumstances, the person who was executed was deeply concealed, no one knew, and could not be investigated. After five years, he was finally executed. At this time, the creditor still had measures to perform it, because Article 84 of the draft stipulates that: "If the parties and stakeholders are not convinced to the end of the end, they can raise objections within 30 days from the date of the end of the execution."

Source | Yangcheng Evening News · Yangcheng School

Editor -in -law | Chen Qian

School counterpart | Xie Zhizhong

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