21Evidence A

If you’re subject to spending restrictions or listed on the dishonesty registry, first find out which rule applies and request removal if possible

First clarify whether you face spending restrictions or were placed on the dishonest judgment debtor list—these are two distinct measures. There are only six legal grounds for blacklisting, and not all are set at 2 years. If you meet the criteria for removal, the court must delete your name within 3 working days. Spending restrictions ban 9 categories of consumption, including all seats on G-series high-speed trains; essential living or business expenses can be approved one application at a time.

Cost

No cost involved. You simply need to contact the enforceme…

Benefit

There are only six legal grounds for being placed on the dishonest judgment debtor list: (1) having the abilit…

Cost

No cost involved. You simply need to contact the enforcement court to determine which provision applies to you. Gather proof that you’ve paid all debts or fulfilled all court-ordered obligations, or prepare any required guarantee documents. Any spending deemed essential for daily life or business operations must be approved on a case-by-case basis. The main difficulty is that you’ll need to make multiple trips to the court and submit repeated applications.

Benefit

There are only six legal grounds for being placed on the dishonest judgment debtor list: (1) having the ability to fulfill the obligation but refusing to do so; (2) obstructing or resisting enforcement through forged evidence, violence, or threats; (3) evading enforcement through sham litigation, sham arbitration, or concealing and transferring assets; (4) violating property reporting regulations; (5) violating spending restriction orders; and (6) refusing without justification to fulfill an enforcement settlement agreement. If sufficient and effective security is provided, or if seized, detained, or frozen assets are sufficient to satisfy the debt, an individual cannot be blacklisted under item 1 (having the ability but refusing to perform). Minors subject to enforcement cannot be placed on the list. For listings under items 2 through 6, the period is 2 years. Item 1 ("having the ability but refusing to perform") cannot simply borrow this duration. If obstruction or resistance involves violence, threats, or severe circumstances, or if multiple dishonest acts occur, the period may be extended by 1 to 3 years. For listings without a fixed duration, the court must remove the record within 3 working days under seven circumstances, such as full performance, completion of a settlement agreement, or a court order terminating enforcement. These seven conditions do not apply to listings with a fixed term; in those cases, the court must remove the record within 3 working days after the term expires. Demonstrating active performance or voluntarily correcting dishonest conduct can also lead to early removal. Individuals subject to spending restrictions cannot engage in nine categories of high-end consumption or non-essential spending for life and work: (1) taking airplanes, train soft sleepers, or second-class cabins or higher on passenger ships; (2) high-end spending at star-rated hotels, nightclubs, or golf courses; (3) purchasing real estate, or newly constructing, expanding, or luxuriously renovating homes; (4) leasing high-end office buildings, hotels, or apartments for business; (5) purchasing vehicles not strictly necessary for business operations; (6) travel and vacationing; (7) enrolling children in high-cost private schools; (8) purchasing high-premium insurance and wealth management products; and (9) taking any seat on G-series high-speed bullet trains, or first-class and higher seats on other bullet trains. If one of these is essential for daily living or business operations, an application must be submitted to the court, and it may only be undertaken with approval. Providing valid and effective security, or obtaining the consent of the judgment creditor, allows the court to lift spending restrictions (nationwide).

Original sources

最高人民法院 (2017 修正). 关于公布失信被执行人名单信息的若干规定(第一、二、三、四、十条). https://www.court.gov.cn/fabu/xiangqing/37182.html;最高人民法院 (2015 修正). 关于限制被执行人高消费及有关消费的若干规定(法释〔2015〕17 号,第三、八、九条):「(九)乘坐G字头动车组列车全部座位、其他动车组列车一等以上座位等其他非生活和工作必需的消费行为」. https://www.court.gov.cn/fabu/xiangqing/15046.html

Open source link
Book note

Spending restrictions are also known as limits on non-essential consumption. This regulation was introduced in 2010 and amended in 2015 via Judicial Interpretation No. 17, with its title changed to “Regulations on Restrictions on Certain Types of Consumption.” This description follows the current post-amendment text. Three key changes were made in 2015: first, all seating on G-series high-speed trains became subject to restrictions; second, the clause requiring spending to be paid from personal assets was removed; third, when a business entity faces restrictions, its actual controllers also become subject to them, though personal spending unrelated to business operations can be separately approved. Being listed on the dishonesty registry and being subject to spending restrictions are distinct statuses — it’s possible to be subject to only one or neither. Neither status affects credit reports, and removal from these lists does not alter credit records; see Section 7, Article 19 for details on recovering from a dishonesty listing. Current regulations do not specify whether spouses or children can be restricted from spending their own earnings, so consult the enforcement court if this situation arises.

My note