On December 24th, according to the Beijing Second Intermediate People's Court, a case of an equity investment fund partnership (limited partnership) applied for the implementation of a cultural development center and Wang Sicong's arbitration dispute.On December 23, 2019, an application for the cancellation, freezing, and restrictions on consumer measures to the Second Intermediate People's Court will formulate a case for the case and will successively lift the execution measures taken by the executed person Wang Sicong.
The case was actively negotiated by both parties. It had reached an implementation of the reconciliation agreement on December 2, 2019. The executed person's cultural development center and Wang Sicong had fulfilled the first amount of 50 million yuan agreed in the reconciliation agreement.At present, the payment period of the remaining funds stipulated in the reconciliation agreement has not yet expired; during the implementation of the Second Intermediate People's Court, in view of the timely adoption of execution measures such as freezing account deposits, checking real estate, vehicles, restrictions on high consumption, etc.At the same time, the applicant did not apply to the Second Intermediate Court to take factors such as restricting exit measures to the executed person. Therefore, the Second Intermediate People's Court did not take restrictions on outbound measures and included the list of people who was not credible.
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Restricting exit refers to the enforcement measures that are not allowed to leave the country in accordance with the relevant provisions of Article 255 of the Civil Procedure Law of the People's Republic of China and the Exit -Entry and Immigration Management Law of the People's Republic of China.The measures are restricted by the people's court, and the entry and exit management department assists to handle restrictions.This measure is limited to the exit of the person being executed and does not have other legal consequences.
Civil Procedure Law of the People's Republic of China
Article 255 If the person who is executed does not fulfill the obligations determined by legal documents, the people's court may take or notify the relevant units to assist in the exit, record the credit system records, announce the information that does not perform its obligations through the media, and other laws stipulated in the law.measure.
The People's Republic of China Outbound Entry Management Law
Article 12 If Chinese citizens have one of the following situations, they are not allowed to leave the country:
(1) If you have not held an effective outbound entry certificate or refuse or evade border inspections;
(2) If the punishment has not been implemented or the defendant and suspect belonging to the criminal case;
(3) The people's court decided not to go out of the country;
(4) For criminal punishment due to impolite country (border) management or being repatriated by other countries or regions due to illegal outbound, illegal residence, and illegal employment.
(5) It may endanger national security and interests, and the relevant competent authorities of the State Council decided not to be allowed to leave the country;
(6) Other circumstances that laws and administrative regulations are not allowed to leave the country.
Restriction of high consumption refers to the people's courts for credit punishment measures that restrict high consumption or non -living consumption of consumption of consumption of high consumption or non -living consumption for the people's courts.
When taking restrictions on consumption measures, it shall consider whether the executed person has negative performance, avoiding execution or resistance to execution, and the ability of the person to perform.
Several requirements of the Supreme People's Court on restricting the high consumption and consumption of the person's high consumption and consumption
Article 1 If the executed person fails to fulfill the payment obligations determined by the effective legal documents during the period of the execution notice, the people's court may take restrictions on consumption measures to restrict the relevant consumption required for high consumption and non -living or operating.
If the person who is included in the list of dishonestyes, the people's court shall take restrictions on consumption measures.
Article 2 When the people's court decides to take consumer measures, it shall consider factors such as whether the executed person has negative performance, avoiding execution or resistance to execution, and the ability of the person to perform.
Article 3 If the person who is executed as a natural person shall not have the following consumption behavior of high consumption and non -living and work consumption behavior:
(1) When riding a transportation, choose airplanes, trains soft sleeves, and ships in the second or higher of ships;
(2) High consumption in hotels, hotels, nightclubs, golf courses and other places above the star level;
(3) Buy real estate or newly built, expanded, high -end decoration houses;
(4) Lease high -end office buildings, hotels, apartments and other places;
(5) Buy non -operating necessary vehicles;
(6) Tourism, vacation;
(7) Children attending high -charged private schools;
(8) Pay high premiums to purchase insurance wealth management products;
(9) Take the G -shaped EMU trains all seats and other seats such as all seats, other seats of other EMU trains.
