Vin's parents owe hundreds of millions of dollars to live in luxury houses. What are the clever ways to punish Lao Lai?
Recently, many celebrities' "lazy parents" were exposed. The mother of idol singer Justin was exposed to owe the bank 3 million yuan, and Vin's parents were even more malicious. They were exposed to debts of 1.23 billion yuan, and they have been included in the list of people who have broken their promises since 216.
Vin started his career as a rich second generation, attending variety shows and high-priced private middle schools with his parents in luxury villas ... but on the other hand, he was a real estate owner who was influenced by Vin's parents and couldn't get a property right certificate.
Many netizens are very angry about this and put up the banner of "the father owes the child back", but some netizens think that the parents' debts have nothing to do with the children. Then, what is the existence of "Lao Lai" in Chinese law, and should their children be responsible for their parents' actions? Who is "Lao Lai"?
Not all those who owe money and don't pay it back are called "Lao Lai". If the family is really too poor to open the pot, but they work hard to pay off their debts, it is still considered "honest". Lao Lai, on the other hand, is "not paying back the money" and refuses to pay back the money after the court makes a judgment. In short, it is a word: "Lai!"
So, what standards should be met before the law can put a "Lao Lai" hat on him?
According to the regulations of the Supreme Court, in order to be an "old lai", that is, the person who has broken his promise, two conditions must be met:
First, not paying back the money.
second, the situation of not paying back the money must be one of these:
1) being able to pay back the money, but not paying it back;
2) Refusing to pay back the money by forging evidence;
3) Counterfeiting lawsuits, or hiding or transferring property;
4) violation of property reporting regulations;
5) violating the consumption restriction order and continuing high consumption;
6) Don't pay back the money without justifiable reasons.
In this way, Vin's parents are called "Lao Lai", which is really no loss. They are typical "have a lot of money, but they just don't pay it back".
Vin has been acting as a "rich second generation" and has used a lot of luxury goods since her debut in "The Son of Tomorrow". The eagle-eyed netizen found the most expensive watch he had ever worn, with a price as high as 9 thousand.
In "Children of Tomorrow", Vin's villa also appeared many times, with luxurious decoration and three nannies.
In the interview, Vin also said that he likes all the limited editions that money can't buy. This tone is not like a child whose parents have no money.
Then the question is coming. A young man born in 2, whose luxurious life is not given by his parents, can it be brought by the strong wind?
From all indications, it is certain that Vin's family is rich. Have they thought about paying back the money? The answer, of course, is no. So, are creditors really at their wits' end about these deadbeats?
first, the solution to urge Lao Lai to pay back the money: punishment for breaking his promise
In order to urge Lao Lai to pay back the money, all localities have specially made "Lao Lai ringtone" to let everyone know that it is Lao Lai when they call him. I wonder if Vin has called his parents in recent years?
in addition to the "bell ringing", the state has also issued a series of disciplinary measures against those who have broken their promises, just to regulate this kind of lazy behavior of not paying back money in all aspects of food, clothing, housing and transportation.
Take consumer goods as an example. According to the law, Lao Lai is not allowed to take all G-prefix trains and basically bid farewell to the high-speed rail before paying back the money. In addition to the life level, Lao Lai has restrictions on employment, employment and preferential subsidies.
Among the disciplinary measures, one is closely related to Lao Lai's children, that is, "restricting children from attending private schools with high fees". Ironically, before Vin made her debut in the draft, she studied in a private school with high fees. Vin's father tried to find connections and send money to send his two sons to school.
It is precisely this behavior of not paying debts but having money to provide his son with a superior life that makes netizens very angry. Many netizens with a sense of justice have suggested that Vin should pay his father's debts: if he takes his parents' money, he should pay his parents' debts. It is only natural.
Should Vin pay for the sky-high debts of his parents?
second, is there a legal basis for "paying the father's debts to the son"?
From a moral point of view, people certainly hope that Vin can pay back the money on behalf of his parents, but legally, Vin does not have to bear the debts of his parents. Because our country only stipulates the following situations for "repayment of father's debts":
In these two situations, the children provide guarantee and run a partnership with their parents, the obligation to repay the money does not come from their status as children, but as guarantors or * * * co-operators. However, at present, netizens have not found such a relationship between Vin and his parents' debts.
As for inheritance, let's not mention how many years Vin has to wait for inheritance. The point is that there is no executable property in his parents' name. If Vin didn't inherit property from his parents, he was not obliged to pay his parents' debts. Even if it is inherited, it is also based on the actual value of the property to pay back the money to the maximum.
In other words, even though Vin's parents have sky-high debts of 1.2 billion yuan, Vin only inherited 1 yuan, and only needs to pay back 1 yuan. As for whether or not to return the rest, it's all up to you. If you don't consciously, the road of "father's debt and son's return" has also been blocked.
At present, there is only one way left, that is, if Vin's parents maliciously transfer property to their children, the creditors can apply to the court to cancel the transfer.
In order to avoid Lao Lai's dodgy behavior, some courts have executed Lao Lai's spouse's property, Lao Lai's minor children's huge property of unknown origin and so on.
Vin was underage at the time of the draft, and has already lived in a luxury villa in Chengdu. If it can't be proved that Vin earned it himself, then the house should be regarded as "of unknown origin" and included in the executable property. Third, how to make "Lao Lai" escape?
The Vin incident has also made us realize that although many disciplinary measures have been taken against Lao Lai in China, the overall implementation effect is not satisfactory-the owner of the real estate developed by Vin's father has not got the real estate license so far, but Lao Lai still lives in the villa with his star children, leading a gorgeous life that ordinary people can't earn for several lifetimes.
Vin's family is just a microcosm of Qian Qian's family. In order to combat this kind of behavior, many countries have established a complete credit system and a disciplinary system for dishonesty. Once you break your promise, it will be difficult to turn over again in your life, so that everyone can be careful to avoid becoming an old lai. Iv. foreign practices
in the United States, everyone has a social security number, and credit records including bank account number, tax number, credit card number and social security card number will be linked to this number. If there is a bad credit record, then studying, working, renting a house and buying a house will be affected. And a serious bad credit record like personal bankruptcy will make a person unable to move in society and directly change from middle class to tramp.
Although the punishment measures for Lao Lai are not exactly the same in different countries, they are generally inclined to extend the retention time of Lao Lai's record of dishonesty and put Lao Lai on the public screen. Let them spend more time on the column of shame, which will increase the cost of being old-timers.
Compared with the previous Lai Lai incident, the most important reason why Vin made netizens so angry was that they were "acting again": their parents defaulted on bank loans and misappropriated the property maintenance funds of hundreds of owners, which made ordinary owners spend their hard-earned money all their lives but could not get the real estate license; Lao Lai's son, on the other hand, got mixed up in the wind and water, lived in a mansion, ate the bonus set by the "rich young master", paid for his luxurious life with the hard-earned money of others, and brazenly sold it for his parents.
Although from the legal point of view, the concept of "repayment of father's debt to son" is not fully established; However, in the sense level, the relationship between parents and children in the traditional family concept of China people can not be completely separated, not to mention the luxury life before Vin was indeed provided by parents.
There are countless examples of early stars dropping out of school to work hard in the entertainment circle in order to pay their family debts. Netizens naturally don't like Vin's behavior as a younger brother who enjoys rights but doesn't undertake obligations.
There are only two ways left for Vin: either give up the life of your son from your parents completely, or, as he said in his statement, help all the injured people recover their losses and face it with their parents.