Rental Defaulters Could Face Up To 27 Detentions.
With the recent boom in the device rental industry and more relaxed merchant reviews, some users have begun to maliciously default on payments, assuming there are no consequences for breaching contracts. However, once listed as a "Dishonest Person Enforceable by Law" (失信被执行人), they may face detention.
❌ Debunking the Myth: "Only 2 Detentions Per Year"
A common misconception is that courts can only detain a person twice per year for non-compliance. This is incorrect.
According to judicial interpretation, while courts cannot repeatedly detain someone for the same offense, they can issue new detentions for each new violation. This means a single defaulter could theoretically face up to 27 separate detentions.
⚖️ Legal Basis: How 27 Detentions Are Possible
The Supreme People’s Court Interpretation of the Civil Procedure Law (Article 184) states:
“Fines or detention for the same act of obstructing civil proceedings shall not be applied repeatedly.
If a new act of obstruction occurs, the People’s Court may newly impose a fine or detention.”
🔍 Key Interpretations:
A single violation can only be penalized once
Each new violation = a new penalty
Multiple cases across different courts may lead to separate penalties in each case
Persistent inaction (e.g., refusing to fulfill obligations) is treated as an ongoing violation
📋 27 Scenarios That Can Lead to Detention
Here are the 27 types of behavior that can each lead to a separate detention order (each up to 15 days):
1. Obstructing Enforcement
Fabricating or destroying key evidence
Preventing witnesses from testifying
Hiding or selling seized property
Assaulting or threatening judicial staff
2. Refusing to Report Assets
Failing to disclose assets or providing false reports
3. Resisting Enforcement
Causing disturbances at court
Damaging legal documents
Attacking enforcement officers
Blocking property seizures
4. Refusing to Perform Obligations
Transferring assets after judgment
Damaging court-guaranteed property
Having ability to pay but refusing
Refusing to assist with enforcement
5. Violating Spending Restrictions
Purchasing high-value insurance products
Buying real estate or luxury vehicles
Staying at luxury hotels
Sending children to expensive private schools
Traveling or taking vacations
Riding in premium-class transportation
📊 Real Impact: From Detention to "Imprisonment"
If a debtor commits all 27 violations:
27 separate detentions × 15 days each = 405 days total
This exceeds many criminal sentences for minor offenses
💡 Key Takeaway for Merchants
This legal framework provides powerful tools to combat rental fraud. When communicating with customers:
Educate them about the real consequences beyond credit damage
Emphasize that each violation creates new liability
Use this information as a deterrent in customer communications
For defaulters, the message is clear: Continued non-compliance can lead to repeated detentions, effectively resulting in extended periods of confinement.
*Legal basis: Supreme People's Court Judicial Interpretation of Civil Procedure Law Article 184, Civil Procedure Law Articles 111-114, and Supreme People's Court Provisions on Restricting High Consumption by Dishonest Persons.
