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Penalty for breach of contract.
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Untrustworthy conduct includes:
1. Refusal to perform the obligations set forth in effective legal documents despite having the ability to perform;
2. Obstructing or resisting enforcement by means such as fabricating evidence, violence, or threats;
3. Evading enforcement by means of false litigation, false arbitration, or concealment or transfer of property;
4. Violating the property reporting system;
5. Violating the order restricting consumption;
6. Minkong refuses to perform the execution of the settlement agreement without a legitimate reason.
1. In any of the following circumstances, the people's courts must not include the person subject to enforcement in the list of judgment defaulters:
1. Sufficient and effective guarantee is provided;
2. The property that has been sealed, seized, frozen, or otherwise taken is sufficient to pay off the debts determined in the effective legal documents;
3. The person subject to enforcement has performed in the order of the last, and should not be compelled against him in accordance with law;
4. Other circumstances that do not belong to the refusal to perform the obligations determined in effective legal documents due to the ability to perform the bridge posture.
II. In any of the following circumstances, the people's courts shall delete information on untrustworthiness within 3 working days:
1. The person subject to enforcement has already performed the obligations set forth in the effective legal documents or the people's court has completed enforcement;
2. The parties have reached an enforcement settlement agreement and the performance has been completed;
3. Where the person applying for enforcement applies in writing to delete information on untrustworthiness, and the people's court reviews and agrees;
4. After the conclusion of this enforcement procedure, the property of the person subject to enforcement is inquired more than twice through the online enforcement investigation and control system, and no property available for enforcement is found, and the applicant for enforcement or other persons do not provide effective property clues;
5. Due to trial supervision or bankruptcy procedures, the people's court rules in accordance with law to suspend enforcement against the judgment defaulter;
6. The people's court rules not to enforce it in accordance with law;
7. The people's court rules to terminate enforcement in accordance with law.
Legal basis"Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters" Article 2: Where persons subject to enforcement have the circumstances provided for in items 2 through 6 of article 1 of these Provisions, the period for inclusion in the list of judgment defaulters with large losses is 2 years. Where the person subject to enforcement uses violence or threats to obstruct or resist enforcement, or has multiple untrustworthy conduct, it may be extended for 1-3 years.
Where judgment defaulters actively perform the obligations set forth in effective legal documents or take the initiative to correct untrustworthy conduct, the people's courts may decide to delete information on untrustworthiness in advance.
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Legal Analysis: There are the following six categories of untrustworthy conduct: 1. Obstructing or resisting enforcement by means such as fabricating evidence, violence, or threats; 2. Evading enforcement by means of false litigation, false arbitration, or concealment or transfer of property; 3. Violating the property reporting system; 4. Violating the order restricting high consumption; 5. The person subject to enforcement refuses to perform the enforcement settlement agreement without justifiable reasons; 6. Those who have the ability to perform but refuse to perform the obligations set forth in effective legal documents.
Legal basis: "Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters" Article 1: Where persons subject to enforcement fail to perform the obligations set forth in effective legal documents, and have any of the following circumstances, the People's Court shall include them in the list of judgment defaulters, and carry out credit punishments against them in accordance with law: (1) Refusing to perform the obligations set forth in effective legal documents despite having the ability to perform; (2) Obstructing or resisting enforcement by means such as fabricating evidence, violence, or threats; (3) Evading enforcement by means of false litigation, false arbitration, or concealment or transfer of property; (4) Violating the property reporting system; (5) Violating an order restricting spending; (6) Refusal to perform on the enforcement of the settlement agreement without a legitimate reason.
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Untrustworthy conduct includes, but is not limited to, the following:
1. Breach of contract and non-performance: refers to the failure of the parties to perform their contractual obligations after signing the contract, knowing that they are unable or unable to perform their contractual obligations, or notifying the other party that they cannot perform before the expiration of the performance period;
2. Malicious default of debts: refers to the fact that the parties know that there is a repayment obligation of the party, but they do not repay or deliberately delay the payment, resulting in the inability of the creditor to recover the creditor's rights;
3. Violation of property reporting obligations: refers to the obligor who shall report the property, income, and funds of an individual or unit as stipulated by laws and administrative regulations, and intentionally fails to perform or falsely reports or conceals the true situation;
4. Refusal to perform on an administrative punishment decision for unlawfulness and untrustworthiness: refers to the person being punished clearly knowing that there is an administrative punishment decision, but not performing or refusing to cooperate with enforcement;
5. Non-performance of obligations determined by an effective judgment of the court: refers to the failure to pay or perform the obligations determined by the effective judgment of the court knowing that the obligor is aware of the obligation to pay or perform, or deliberately delays the failure to pay or non-performance;
6. Acts that harm national interests, public interests, or the lawful rights and interests of others: refers to acts that intentionally infringe upon national interests, public interests, or the legitimate rights and interests of others.
The consequences of being classified as a dishonest person are as follows:
1. Prohibit some high-consumption behaviors, including prohibiting taking planes and train sleepers;
2. Implement other credit punishments, including restricting loans or credit cards from financial institutions;
3. Where judgment defaulters are natural persons, they must not serve as the enterprise's legally-designated representatives, directors, supervisors, senior managers, and so forth.
To sum up, the above are some common behaviors of untrustworthiness, and the specific circumstances need to be analyzed in accordance with relevant local laws and regulations.
Legal basis
Article 1 of the Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters.
In any of the following circumstances, the people's court shall enter them into the list of judgment defaulters and give them credit punishments in accordance with law:
1) Refusal to perform obligations set forth in effective legal documents despite having the ability to perform;
(2) Obstructing or resisting enforcement by means such as fabricating evidence, violence, or threats;
3) Evading enforcement by means such as sham litigation or arbitration, or concealment or transfer of assets;
(4) Violating the property reporting system;
(5) Violating an order restricting spending;
(6) Refusal to perform on the enforcement of the settlement agreement without a legitimate reason.
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Legal analysis: There is no limit on the amount of arrears, as long as the arrears refuse to repay, after being sued, do not perform the effective judgment made by the court, and the other party applies to the court for compulsory enforcement, the court can include it in the list of dishonest judgment defaulters in accordance with the law.
Legal basis: "Several Provisions of the Supreme People's Court on the Publication of the List of Judgment Defaulters" Article 1: Where the person subject to enforcement fails to perform the obligations determined by the effective legal documents, and has any of the following circumstances, the people's court shall include them in the list of judgment defaulters, and give them a credit punishment in accordance with law
1. Refusal to perform the obligations set forth in effective legal documents despite having the ability to perform;
2. Obstructing or resisting enforcement by means such as fabricating evidence, violence, or threats;
3. Evading enforcement by means of false litigation, false arbitration, or concealment or transfer of property;
4. Violating the property reporting system;
5. Violating the order restricting consumption;
6. Refusal to perform on the enforcement of the settlement agreement without justifiable reasons.
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