Will deleting dishonest information also lift the height limit?

2024 11/07

According to the Civil Procedure Law of our country, if the person subject to enforcement fails to fulfill the obligations determined by legal documents, the people's court may take or notify relevant units to assist in taking measures to restrict their exit, record in the credit system, publish information on the non performance of obligations through the media, and other measures stipulated by law. Among them, being included in the list of dishonest persons subject to enforcement and restricting high consumption are the two most common punitive measures.


'Dishonesty', as the name suggests, refers to the loss of credit. The prerequisite for including the executed person in the list of dishonest executed persons is that the executed person loses credit. Failure to fulfill the obligations determined by legal documents does not equate to the loss of credit. For example, if the debtor is honest and trustworthy but lacks the ability to perform, it does not constitute a loss of credit and should not be included in the list of dishonest debtors. It is precisely based on this underlying logic that the "Several Provisions of the Supreme People's Court on the Disclosure of Information on the List of Dishonest Persons Subject to Enforcement (Revised in 2017)" stipulate that the person subject to enforcement must not only fail to fulfill the obligations determined by the effective legal document, but also possess (1) the ability to perform but refuse to fulfill the obligations determined by the effective legal document; (2) Obstructing or resisting execution through methods such as forging evidence, violence, threats, etc; (3) Using false litigation, false arbitration, or concealing or transferring property to evade enforcement; (4) Violating the property reporting system; (5) Violating the consumption restriction order; (6) Only those who refuse to fulfill the settlement agreement without justifiable reasons will be included in the list of dishonest persons subject to enforcement by the court.


And 'height restriction' refers to restricting high consumption and related consumption that is not necessary for daily life or business. The underlying logic is that if the person subject to enforcement fails to comply with effective legal documents, they can only be allowed to make consumption necessary for maintaining their livelihood and business, thereby forcing the person subject to enforcement to take the initiative to comply. Based on this, the "Several Provisions of the Supreme People's Court on Restricting High Consumption and Related Consumption of Persons Subject to Enforcement (2015 Amendment)" stipulates that as long as the person subject to enforcement fails to fulfill the payment obligation determined by the effective legal document within the period specified in the enforcement notice, the people's court may take height restriction measures against them.


It is not difficult to find that the conditions for being included in the list of dishonest persons subject to enforcement are stricter than the limit; On the contrary, the conditions for deleting dishonest information should be more lenient than the limit. According to the provisions of Article 1 and Article 10 of the "Several Provisions of the Supreme People's Court on Publishing the List of Dishonest Persons Subject to Enforcement (2017 Revision)", the circumstances for deleting dishonest information include: (1) the person subject to enforcement has fulfilled the obligations determined by effective legal documents or the people's court has completed the enforcement; (2) The parties have reached a settlement agreement for execution and have already fulfilled it; (3) The applicant for enforcement has submitted a written application to delete dishonest information, which has been reviewed and approved by the people's court; (4) After terminating the current execution program, the property of the executed person is queried twice or more through the network execution control system, and no available property for execution is found, and the applicant for execution or other person does not provide valid property clues; (5) Due to judicial supervision or bankruptcy proceedings, the people's court has lawfully ruled to suspend the execution of the dishonest debtor; (6) If the people's court rules not to execute according to law; (7) The people's court has lawfully ruled to terminate the execution; (8) Those who obstruct or resist execution by forging evidence, violence, threats, etc., evade execution by false litigation, false arbitration, or concealing or transferring property, violate the property reporting system, violate the consumption restriction order, refuse to perform the execution settlement agreement without justifiable reasons, etc., have been included in the list of dishonest persons subject to execution at the expiration of the deadline. According to Article 9 of the "Several Provisions of the Supreme People's Court on Restricting High Consumption and Related Consumption of Persons Subject to Enforcement (2015 Amendment)", the prerequisite for lifting the height limit is that the person subject to enforcement provides a valid guarantee, the applicant for enforcement agrees to lift the height limit, and the person subject to enforcement fulfills the obligations determined by the effective legal document. One of the three conditions must be met.


From this, it can be seen that unless the court deletes the dishonest information of the executed person in accordance with the law because the executed person has fulfilled the obligations determined by the effective legal document, the deletion of dishonest information will not simultaneously lift the height limit.
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