Qianhai court sets up entrepreneur credit repair system
To thoroughly put into practice the guiding principles of General Secretary Xi Jinping's major speeches during the symposium with private enterprises and according to the “setting up of a a mechanism to repair entrepreneurs’ credit” prescribed in the “Notice on putting into full play the judicial function to create a quality legal environment for the innovation and entrepreneurship of entrepreneurs” issued by the Supreme People’s Court of The People’s Republic of China, Shenzhen Qianhai Cooperation Zone People’s Court has released a implementation plan to guarantee the high-quality development of private economy and to protect the legitimate rights and interests of private enterprises and private entrepreneurs.
The implementation plan specifies the application conditions for the credit repair system and standardizes the launch of entrepreneur’s credit repair. When a dishonest judgment debtor applies for the launch of credit repair, the court will act in response to different situations.
If the dishonest judgment debtor has performed his obligations, the court will launch credit repair according to the law. If the dishonest judgment debtor has not performed his obligations, but can provide effective guarantee or has obtained an agreement of execution applicant, he can apply for credit repair with the court. The execution applicant can also apply for the court to lift the restrictions on the dishonest judgment debtor.
When the case handler discovers that a certain dishonest judgment debtor meets the requirements for credit repair or receives the application from the dishonest judgment debtor or the execution applicant, he shall carry out an examination of the obligation performance of or the guarantee provided by the dishonest judgment debtor, and launch credit repair in the execution information management system of the supreme court.