Promulgation Date: 2018-7-9 Title:Notice on Work related to the Implementation of Restrictions of Certain seriously Untrustworthy Persons from Taking Trains or Civil Aircraft for a Specified Period [Document Number]FagaibanCaijin (2018) No 794 Expiration date: Promulgating Entities:General Office of the National Development and Reform Commission, the General Office of the Supreme People's Court,General Affairs Department of the Civil Aviation Authority, etc. Source of text: http://www.ndrc.gov.cn/zcfb/zcfbtz/201807/t20180713_892362.html
To the units that are leading the way in the establishment of a social credit system, High People's Courts, each regional administration of civil aviation; each airline transport company (CM), airport company, China civil aviation information group,rail transport enterprises, railway science establishments, and each railway public security bureau, of each province, autonomous region, directly governed municipality, and the Xinjiang Production and Construction Corps:
In order to implement the spirit of the 19th Party Congress and it's second and third plenary sessions, with Xi Jinping's Thought on Socialism with Chinese Characteristics for a New Era as guidance, and to implement Secretary general Xi Jinping's important directives on building an overall credit punishment landscape in which 'dishonesty in one area leads to obstacles everywhere', the National Development and Reform Commission and relevant departments jointly released the "Opinions on Appropriately Limiting Specified Seriously Untrustworthy Persons from Taking Civil Aircraft for a Certain Period of Time, and Promoting The Establishment of the Social Credit System" (FagaiCaijin (2018) No. 384) and the Opinions on Appropriately Restricting Certain Seriously Untrustworthy Persons from Riding Trains for a Certain Period of Time, and Promoting the Establishment of the a Social Credit System (FagaiCaijin (2018) 385)." Notice of the following matters is hereby given so as to implement the requirements of the two documents above, to clarify the enforcement requirements for the Judgment Defaulters List designated by the people's court in accordance with relevant provisions and law, and the list of persons against whom measures limiting high spending have been employed:
I. Collection of information
The Supreme People's Court has separately established data transmission channels with the Civil Aviation Authority of China and the China Railway Corporation bringing about mutual sharing of list information, the original data channels and information sharing methods may be maintained without change, and the national credit information sharing platform will not duplicatively send the list information.
II. Publication of Enforcement and Rights Relief
The enforcing court is to determine when to delete information on dishonesty and on restrictions of high-spending in accordance with the provisions of the "Supreme People's Court Provisions on Releasing Judgment Defaulters List" (Fayi （2017) No. 17) and the '"Supreme People's Court's Several Provisions on the Restricting High-Spending and Related Spending by Persons Subject to Enforcement" (fayi (2015) No. 17). After they take effect, the Supreme People's Court is to send the Judgment Defaulters List and List of persons subject to restrictions on high-spending to the Civil Aviation Administration, and China Railway Company, and after the Civil Aviation Administration and China Railway Company receive the Judgment Defaulters List and list of persons subject ot restrictions on high-spending, they are to enforce the punitive measures according to the list.
Where legal persons, citizens, or other organizations object to inclusion in the Judgment Defaulters List they shall submit an application for correction to the enforcing court, and the enforcing court shall review it within 15 days of receiving the written application for corrections, and where the reasons are sustained, they shall make corrections within 3 working days; where the reasons are not sustained, they shall reject it. Where citizens, legal persons or other organizations are not satisfied with a rejection decision, they may apply for a reconsideration to the people's court at the level above within 10 days of service of the written decision. The people's court at the level above shall issue a decision within 15 days of receiving the application for reconsideration. The enforcement of the original decision does not stop during the period of reconsideration. Where legal persons, citizens, or other organizations object to the adoption of measures restricting high-spending, refer to the measures for handling objections to the Judgment Defaulters List.
III. Removal Mechanisms
The enforcing court is to determine when to delete information on dishonesy and on restrictions of high-spending in accordance with the provisions of the "Supreme People's Court Provisions on Releasing Judgment Defaulters List" (Fayi （2017) No. 17) and the '"Supreme People's Court's Several Provisions on the Restricting High-Spending and Related Spending by Persons Subject to Enforcement" (Fayi (2015) No. 17). The Supreme People's Court is to send the list of deleted information on dishonesty and on restrictions of high-spending to the Civil Aviation Administration and the China Railway Company; who are to remove disciplinary measures in accordance with the lists after they are received.
National Development and Reform Commission General Office
General Office of the Supreme People's Court
General Affairs Department of the Civil Aviation Authority
General Office of the China Railway Company