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The Supreme Court plans to issue a judicial interpretation that will take severe measures to "restrict high consumption" against "old people" who refuse to implement the court's effective legal documents. This rise to the level of judicial interpretation shows the determination and strength of the Supreme Court to solve the "difficulty in enforcement".
The purpose of restricting high consumption is to prevent derogation of property. However, buying or leasing high-end office buildings may also increase property, which is conducive to the enforcement of court judgments.
From a legal point of view, the restriction of high consumption is an indirect enforcement measure. Indirect enforcement measures are to restrict the personal freedom of the person subject to enforcement, etc., to make them feel painful, so as to achieve the purpose of active performance.
From the perspective of legislative purpose, the act of buying a house should be restricted, the purpose is to make the person subject to enforcement feel painful, so as to take the initiative to fulfill the effective judgment of the court.
Since some systems such as property registration have not yet been established and improved, the restriction of high consumption is declarative in a certain sense. However, if they are found to have violated the law, they will be sanctioned and made to pay the price.
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Until the person subject to enforcement completes the performance of the obligations set forth in the effective legal documents, the people's court may lift the order restricting high consumption until the performance is completed, unless the person subject to enforcement provides a credible and effective guarantee or with the consent of the person applying for enforcement.
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The height limit order is based on the "Notice on Further Strengthening the Management of Urban and Architectural Style" issued by the Ministry of Housing and Urban-Rural Development: strictly restricting the blind planning and construction of super high-rise skyscrapers in various places, and generally not building new buildings of more than 500 meters. In accordance with the "Code for Fire Protection in Building Design", the new buildings of more than 250 meters should be strictly restricted, and the new buildings of more than 100 meters should be fully demonstrated and centralized, and the approval system for seismic fortification of oversized high-rise building projects should be strictly implemented, which should be suitable for the scale and spatial scale of the city and match the fire rescue capacity.
I have talked about this kind of problem with the house cat who cooperates with the property in the community before, if you want to know more clearly, you can go to the property to learn more about it.
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The height restriction order is a kind of restraint and restriction on the economic consumption of untrustworthy persons, to urge untrustworthy persons.
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There will be no notification. Several Provisions of the Supreme People's Court on Restricting High Consumption by Persons Subject to Enforcement with Only Limbs
Article 1. The person subject to enforcement fails to perform the effective law within the period specified in the enforcement notice.
Where the payment obligation is determined in the legal document, the people's court may adopt restrictions on consumption.
measures to restrict their high consumption and related consumption that is not necessary for life or business.
For persons subject to enforcement who are included in the list of judgment defaulters, the people's courts shall employ measures to restrict spending on them.
Article 2. When a people's court decides to adopt measures to restrict consumption, it shall consider factors such as whether the person subject to enforcement has acted passively, evaded enforcement, or resisted enforcement, as well as the person subject to enforcement's ability to perform.
Article 3. Where the person subject to enforcement is a natural person, after being taken measures to restrict consumption, they must not engage in the following high-consumption or consumption behaviors that are not necessary for life or work:
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Legal Analysis: The height restriction order is a bad guy who refuses to implement the effective legal documents of the court, and strict measures will be taken to restrict high consumption. The purpose of restricting high consumption is to prevent derogation of property. Restricting high consumption is an indirect measure.
Legal basis: Several Provisions of the Supreme People's Court on Restricting High Consumption and Related Consumption of Persons Subject to Enforcement (revised).
Article 8: Where a person subject to enforcement who is restricted from spending carries out consumption activities prohibited by these Provisions due to the necessities of life or business, they shall submit an application to the people's court and only proceed after approval.
Article 9: During the period of restricting the consumption of nuclear socks, where the person subject to enforcement provides a credible and effective guarantee or with the consent of the person applying for enforcement, the people's court may lift the consumption restriction order; Where the person subject to enforcement completes the performance of the obligations set forth in the effective legal documents, the people's court shall promptly lift the spending restriction order within the scope of the notice or announcement provided for in article 6 of these Provisions.
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In some cases, the Supreme Court plans to issue a judicial interpretation that will take severe measures to "restrict high consumption" against "old scoundrels" who refuse to carry out the effective legal documents of the courts. This rise to the level of judicial interpretation shows the determination and strength of the Supreme Court to solve the "difficulty in enforcement".
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Legal analysis: In the case where the defendant fails to perform the payment obligations set forth in the effective legal documents within the period specified in the enforcement notice, the people's court may impose a height limit on the defendant, depending on the actual circumstances of the case.
Legal basis: Several Provisions of the Supreme People's Court on Restricting High Consumption by Persons Subject to Enforcement
Article 1: Where the person subject to enforcement fails to perform the payment obligations set forth in the effective legal documents within the period specified in the enforcement notice, the people's courts may restrict their high spending.
Article 2: When people's courts decide to employ measures to restrict high spending, they shall consider factors such as whether the person subject to enforcement has acted negatively, evaded enforcement, or resisted enforcement, as well as factors such as the ability of the person subject to enforcement to perform.
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