The civil judgment made by the court has legal effect, and the person subjected to execution in the judgment needs to execute the judgment result. If the person subjected to execution refuses to execute, the obligee can apply to the court for compulsory execution, and the person subjected to execution may also be included in the list of dishonesty, so what will be included in the list of dishonesty? So never think about being a Laolai at any time.
1、 How to be included in the list of dishonest persons
According to the provisions of the law, the court has the right to include the period of execution in the list of dishonest persons who refuse to execute the judgment. After being included in the list, the persons who are executed will be subject to many restrictions.
Several provisions of the Supreme People's Court on publishing the list of dishonest persons to be executed
Article 1 if the person subjected to execution has the ability to perform but fails to perform the obligations specified in the effective legal documents, and is under any of the following circumstances, the people's court shall include him in the list of persons subjected to execution for breach of trust and punish him in accordance with the law:
（1） Obstructing or resisting execution by means of forging evidence, violence or threats;
（2） By means of false litigation, transfer or evasion of arbitration, etc;
（3） Violating the property reporting system;
（4） Violating the high consumption restriction order;
（5） The person subjected to execution refuses to perform the settlement agreement without proper reasons;
（6） Other people who have the ability to perform but refuse to perform the obligations specified in the effective legal documents.
Article 2 the notice of execution issued by the people's court to the person subjected to execution shall clearly state the risk warning contents included in the list of persons subjected to execution for breach of faith.
If the applicant believes that the person subjected to execution has one of the dishonest acts listed in Article 1 of these Provisions, he may apply to the people's court to include the person subjected to execution in the list of persons subjected to dishonest execution, and the people's court shall make a decision after examination. If the people's court considers that the person subjected to execution has one of the acts of dishonesty listed in Article 1 of these Provisions, it may also make a decision to include the person subjected to execution in the list of persons subjected to dishonesty in accordance with its functions and powers.
If the people's court decides to include the person subjected to execution in the list of persons subjected to dishonest execution, it shall make a written decision, which shall take effect from the date of making the decision. The written decision shall be served on the parties in accordance with the mode of service of legal documents stipulated in the civil procedure law.
2、 The legal consequences of being included in the list of dishonest persons to be executed
1. Banks and other financial institutions restrict the credit, financing and other financial activities of the persons who are included in the "list of dishonest persons", reduce the amount of credit card, and timely report their deposits to the court through the judicial inquiry platform;
2. The industrial and commercial administration department shall lower the credit rating of the person who is dishonest and restrict his qualification of "keeping his promise and abiding by his contract";
3. If the person subjected to execution is a state organ or a civil servant, a member of the Communist Party of China, a deputy to the National People's Congress, a member of the Chinese people's Political Consultative Conference and other special subjects, restrictions shall be imposed on the selection, promotion, promotion, etc. in accordance with relevant provisions, or the political treatment and honorary title shall be cancelled, or even disciplinary sanctions shall be imposed;
4. The railway department does not sell the train ticket to the dishonest person, and the civil aviation department does not sell the ticket to the dishonest person;
5. Bidding management departments restrict dishonest persons to participate in government procurement and engineering project bidding;
6. The construction management department suspends the acceptance of the project license and qualification approval of the dishonest executee, the acceptance of the business matters related to the construction market, and the handling of the construction project quality completion acceptance record; the planning management department suspends the handling of the planning application procedures and the subsequent planning procedures of the project under construction for the land that the dishonest executee has the right to use;
7. Other restrictions.
3、 How to deal with the person who has the ability to execute and refuses to perform
（1） Announcement enforcement law
That is to say, for the person who has the ability to perform financial debts and refuses to perform the payment obligations determined by the effective legal documents of the court after repeated education, the execution court can publicize as a "defaulter" in newspapers, radio stations, television stations and other news media in the place of the person's residence or within a certain area, and announce the amount of the defaulter at the same time.
（2） Reward enforcement law
If the person subjected to execution of a financial case refuses to perform or evades the performance of financial debts by opening multiple accounts, concealing or transferring property, the people's court may, according to the actual needs of the case, take the method of reporting with prizes and offering a public reward to find the property and property clues of the person subjected to execution.
（3） Search Enforcement Act
When the people's court adopts the search execution method to execute the cases of financial creditor's rights, it must have three conditions at the same time: the first is that the time limit for performing the financial debt determined by the effective legal document has expired; the second is that the person subjected to execution does not perform the obligation to repay the financial debt determined by the legal document; the third is that the execution court considers that the person subjected to execution has concealed property.
（4） Property audit enforcement law
In the execution of financial cases, the people's court can entrust the audit department or borrow the social audit force according to law, use the system and method of social audit supervision, and combine with the enforcement investigation measures stipulated by law to conduct compulsory examination and statistics on all assets, liabilities and all rights and interests that reflect the ability of the person (Financial debtor) to perform his obligations, and find out the property certificate that can be executed According to the law, it is a kind of enforcement method to enforce the property of the person to be enforced.
（5） Law on the enforcement of restrictions on consumption
This method is also known as the "high consumption restriction system", that is, the execution court issues a "high consumption restriction order" to the executee (the financial debtor who has maliciously failed to repay the debt), ordering him not to carry out high consumption activities beyond the local living standards before the financial debt has been paid off. The court will publish the name list of the persons who have been executed in financial cases of restricting high consumption on the relevant newspapers, TV stations and other news media in their place of residence, and invite the supervision of all walks of life and the people.