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老赖标准是什么(老赖判定标准)

中文版

老赖标准是什么?

老赖,通常指那些不履行法院判决、裁定等法律文书所确定的给付义务的人。老赖的存在严重损害了社会的信用体系,影响了正常的经济秩序。那么,怎样的行为才算是老赖呢?

首先,老赖必须是有履行能力而拒不履行的人。也就是说,这些人明明有能力履行自己的义务,却故意选择不履行。这种行为不仅是对法律的公然蔑视,更是对社会信用的严重破坏。

其次,老赖的行为必须是违反了法律规定,被法院认定为失信被执行人。这包括但不限于拒不履行法院判决、裁定,不履行还款义务,逃避执行等。这些行为都会严重影响被执行人的信用记录,导致他们被列入失信被执行人名单。

最后,老赖的认定还需要满足一定的程序要求。一般来说,只有当被执行人未在规定期限内履行法律文书所确定的给付义务,且经过法院强制执行程序后仍未履行,才会被认定为老赖。同时,法院还会对失信被执行人进行公示,以警示其他人。

总的来说,老赖的认定标准主要包括有履行能力而拒不履行、违反法律规定被法院认定为失信被执行人以及满足一定的程序要求。只有明确了这些标准,我们才能更好地打击老赖行为,维护社会的信用体系和经济秩序。

英文版

What Are the Criteria for a Debtor Who Refuses to Pay?

A debtor who refuses to pay, often referred to as a "laogai" in Chinese, typically refers to individuals who fail to fulfill the payment obligations stipulated in legal documents such as court judgments or decisions. The existence of such debtors seriously undermines the social credit system and disrupts normal economic order. So, what kind of behavior qualifies as a debtor who refuses to pay?

Firstly, a debtor who refuses to pay must have the ability to fulfill their obligations but choose not to do so. In other words, these individuals deliberately refuse to fulfill their duties despite having the means to do so. Such behavior not only openly defies the law but also seriously damages social credit.

Secondly, the behavior of a debtor who refuses to pay must violate legal provisions and be recognized by the court as a credit-defaulting executant. This includes, but is not limited to, refusing to comply with court judgments or decisions, failing to fulfill repayment obligations, and evading execution. These actions significantly impact the credit record of the executant, leading to their inclusion on the list of credit-defaulting executants.

Finally, the identification of a debtor who refuses to pay also requires satisfying certain procedural requirements. Typically, only when the executant fails to fulfill the payment obligations stipulated in the legal document within the prescribed time limit and still fails to do so after going through the court's enforcement procedures will they be deemed a debtor who refuses to pay. Meanwhile, the court will also make public the list of credit-defaulting executants to warn others.

In summary, the criteria for identifying a debtor who refuses to pay mainly include having the ability to fulfill their obligations but choosing not to do so, being recognized by the court as a credit-defaulting executant for violating legal provisions, and satisfying certain procedural requirements. By clarifying these criteria, we can better combat the behavior of debtors who refuse to pay and maintain the social credit system and economic order.

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