防范通过“假离婚”逃债等 最高法发布惩治逃废债典型案例

Core Viewpoint - The Supreme People's Court has released seven typical cases regarding the punishment of debt evasion, which will guide local courts in accurately identifying and punishing such behaviors, promoting honesty among business entities [1][2]. Group 1: Typical Cases and Punishment Rules - The typical cases cover common debt evasion behaviors, including malicious transfer of transaction benefits by actual controllers through related companies, malicious transfer of shares by shareholders, and intentional property division during divorce to evade debts [1]. - In the case of "Wu Moufang vs. Tang Moulan and He Mouqi," the court annulled a divorce agreement regarding property division due to significant imbalance and lack of executory assets, preventing debt evasion through "fake divorce" [1]. Group 2: Strengthening Enforcement and Collaboration - The courts are enhancing collaboration with public security and other departments to intensify the crackdown on severe debt evasion behaviors, as seen in the case of "Hong Moujin," where the individual was criminally prosecuted for evading execution [2]. - The courts are encouraging bankruptcy administrators to perform their duties legally, as demonstrated in a bankruptcy liquidation case where the court annulled a maliciously established lease contract, significantly increasing the auction price of bankruptcy assets [2]. Group 3: Future Measures - The Supreme Court plans to continuously improve the adjudication rules and enforcement measures against debt evasion, while also enhancing the bankruptcy system to facilitate the legal and reasonable clearance of debts [2].