Following the Beijing Second Intermediate People's Court issued a consumption restriction order to Wang Sicong on November 19, Shanghai Jing'an District People's Court issued three consumption restriction orders to Shanghai Panda mutual Entertainment Culture Co., Ltd. yesterday. While taking measures to restrict consumption of panda mutual entertainment company, it also 'limited the height' of Wang Sicong.
The reporter inquired on China's executive information disclosure online that the reasons why Wang Sicong's front and rear feet were 'limited' by the two courts in Beijing and Shanghai are not exactly the same. The second intermediate people's Court of Beijing issued a consumption restriction order to Wang Sicong because of his dispute with Jiaxing jingziti as an equity investment fund partnership.
The three consumption restriction orders made by Shanghai Jing'an District Court on November 21 are precisely for Shanghai Panda mutual Entertainment Culture Co., Ltd. The applicants of the three enforcement cases were Shenyang Ruifan Media Co., Ltd., Chengdu shizijun culture media Co., Ltd. and Xi'an Beiguo culture media Co., Ltd. the lawsuits involved were service contract disputes with Shanghai Panda mutual entertainment company. Because panda mutual entertainment company failed to perform the payment obligations specified in the effective legal documents within the period specified in the enforcement notice, the court took consumption restriction measures against panda mutual entertainment company and Wang Sicong.
According to the restriction order, panda mutual entertainment company and Wang Sicong shall not carry out the following high consumption and consumption behaviors that are not necessary for life and work: (1) when taking a means of transportation, choose more than second-class seats of aircraft, train soft sleeper and ship; （2） High consumption in star hotels, hotels, nightclubs, golf courses and other places; （3） Purchase real estate or build, expand or decorate high-grade houses; （4） Rent high-grade office buildings, hotels, apartments and other places for office; （5） Purchase vehicles not necessary for operation; （6） Travel and vacation; （7） Children attend high fee private schools; （8） Pay high premiums to buy insurance and financial products; （9） Other consumption behaviors not necessary for life and work, such as taking all seats of g-prefix EMU trains and more than first-class seats of other EMU trains.
Since the company failed to fulfill its obligations, why did Wang Sicong follow the "continuous sitting"?
Lawyer Wang Bin, director of Beijing Xingzhu law firm, told reporters that article 3 of the "several provisions of the Supreme People's Court on restricting the high consumption and related consumption of the person subjected to execution" is the legal basis. If the person subjected to execution is a unit and after the consumption restriction measures are taken, the person subjected to execution, his legal representative, the main person in charge, and the persons directly responsible for affecting the performance of debts The actual controller shall not implement the 9 kinds of high consumption and consumption behaviors not necessary for life and work listed above.
"After all, the company is controlled by people. The consumption restriction measures for the legal representative, the main responsible person, the person directly responsible for affecting the performance of the debt and the actual controller also prevent the above-mentioned persons from transferring the company's property to their personal names or using the company's property at will, resulting in the failure of the creditor's rights to cash." Lawyer Wang Bin said that this appropriate breakthrough in the company's limited liability is conducive to protecting the legitimate rights and interests of creditors.
The reporter noted that the consumption restriction order does not seem to be completely "one size fits all" for panda mutual entertainment and Wang Sicong's high consumption. It is stated that if panda mutual Entertainment (legal representative, main person in charge, person directly responsible for affecting the performance of debts and actual controller) consumes for private purposes and carries out the above-mentioned 9 consumption behaviors with personal property, it can apply to the court. If panda mutual entertainment company carries out prohibited consumption activities due to business necessity, it shall also apply to the court for approval.
Does this mean that Wang Sicong can spend his own money on personal high consumption? I'm afraid the answer is still No. Lawyer Wang Bin said that the consumption restriction order of the second intermediate people's Court of Beijing was made for Wang Sicong. Unless he really carried out prohibited consumption activities due to the need of life and obtained the approval of the court, Wang Sicong really can't carry out high consumption anymore.