[Direct answer]In the Beijing area, one can apply for a restriction on leaving the country according to law, but this must be raised during the enforcement process. If the person subject to enforcement fails to fulfill the obligations specified in the effective legal documents, the people's court may take or notify relevant units to assist in taking measures to restrict their departure from the country, in accordance with Article 262 of the Civil Procedure Law of the People's Republic of China (amended in 2021); if there are unresolved civil cases and the people's court has decided not to allow the person to leave the country, the exit and entry administration authorities shall not handle the exit formalities in accordance with the law. If the person subject to enforcement is an entity, the people's court may restrict the departure of its legal representative, principal responsible person, or direct responsible person who affects the performance of the debt. The applicant for enforcement shall submit a written application and explain the necessity. After the debt is repaid or effective guarantees are provided, the applicant may apply to lift the measure.

I. Problem background and typical scenarios

Restricting exit from the country is a highly targeted enforcement measure in the implementation stage, and it is commonly used in two scenarios: First, the debtor has the ability to perform but has been delaying for a long time. He or his family members frequently travel in and out of the country, and even own properties abroad; Second, the debtor is the legal representative or actual controller of the company. The company fails to repay the debt but still goes abroad to do business or travel as usual. At this time, even if the creditor obtains a judgment in his favor, he still worries that the other party will "disappear with the money" and hopes to keep the other party in the country through restricting exit and force them back to the negotiation table.

II. Key points of dispute

First, the applicable objects and thresholds. Restricting exit from the country does not take effect automatically. Usually, the enforcement agent needs to submit a written application, and the court will review whether there are circumstances of non-performance of obligations. If the enforced person is an entity, the objects of restriction should be determined based on their position and influence on the performance of debts. Second, the difference from restricting high-consumption behavior. Restricting high-consumption behavior restricts consumption behavior, while restricting exit from the country directly restricts personal mobility. The two can be implemented concurrently, but the application basis and review focus are different. Third, whether it can apply to spouses and relatives. Generally, it cannot. Restricting exit from the country targets the enforced person himself or his legal representative or main responsible person, unless the relative is also an enforced person. Fourth, the time limit and lifting of the restriction. The court usually sets a time limit for the measure and adjusts it according to the progress of the case. After the obligations are fulfilled, an enforcement settlement is reached and a guarantee is provided, or when the court deems it necessary, the restriction can be lifted upon application.

III. Professional analysis by Henglue Law Firm

Judging from the enforcement practices of Beijing courts, the review of applications for restricting exit from China places more emphasis on "necessity" and "proportionality": if the applicant only submits a request without providing specific reasons, they are often required to supplement materials to demonstrate that the person subject to enforcement has a need to travel abroad, faces the risk of transferring assets, or has long-term evasive enforcement behaviors. Therefore, preparation before applying is more important than the application itself: first, sort out the travel records, overseas assets, and business clues of the person subject to enforcement, and apply for an investigation order if necessary; second, fix the evidence that the other party has the ability to perform but refuses to do so, such as high-consumption records, vehicles and real estate under their name, and changes in equity; third, clarify the objects to be restricted. If the person subject to enforcement is a company, the relationship between the legal representative and the actual controller should also be stated. Restricting exit is just a means to an end. The real goal is to make the person subject to enforcement return to the track of performance. Therefore, restricting exit is often combined with seizure and attachment, inclusion in the list of dishonest people, and restriction on high consumption to form a pressure loop. For cases involving company shareholders who have not paid their subscribed capital in full or withdrawn their capital, other measures can also be taken.Creditor's rights and debts, and enforcementTrack down the responsible parties; for those who evade enforcement by fabricating debts or transferring assets, relevant measures can be taken in combination with other legal provisions.Contracts and business transactions of enterprisesPlease sort out the evidence and proceed with the investigation simultaneously.

IV. Practical suggestions and legal basis

According to Article 262 of the Civil Procedure Law of the People's Republic of China (amended in 2021), if the person subject to enforcement fails to fulfill the obligations specified in the legal document, the people's court may take or notify relevant units to assist in taking measures such as restricting exit, recording in the credit information system, publishing information on non-performance of obligations through the media, and other measures prescribed by law; Article 12 of the Exit and Entry Administration Law of the People's Republic of China (adopted on June 30, 2012, and implemented on July 1, 2013) stipulates that Chinese citizens who have unresolved civil cases or are prohibited from leaving the country by the people's court shall not be allowed to leave the country. The usual procedure is: after the judgment becomes effective and the enforcement application is submitted, the applicant submits an application for restricting exit to the enforcement court, attaching the identity information of the person subject to enforcement, clues to their entry and exit, and a description of the necessity; the court reviews the application and makes a decision, then notifies the exit and entry administration department. It is recommended to apply for checking the exit and entry records at the same time to verify whether there are signs of asset transfer; if the person subject to enforcement has already obtained passports, travel permits to Hong Kong and Macao, etc., the court should also be informed; if the other party applies for lifting the restriction on the grounds of providing guarantees, the court should examine whether the guarantees are genuine and sufficient, and if necessary, require the addition of guarantors or the provision of mortgaged property; and apply for renewal of the measures before they expire to avoid any gaps.

5. Henglue Law Firm's Reminder

The deterrent effect of restricting exit from the country lies in its "timeliness": once the other party has left the country, the actual effectiveness of the measure will be greatly reduced. Therefore, whether to apply for restricting exit from the country should be included in the evaluation of the plan from the moment the case is initiated. It should be noted that the application materials should be based on facts. Applications lacking basis may lead to objections from the person subject to enforcement. For those who refuse to perform their obligations and still evade enforcement despite being subject to exit restrictions, legal responsibilities for refusing to enforce judgments and rulings can be pursued. The relevant procedures can be combined with the existing legal framework.Criminal defense and criminal case filingEvaluation; for the enforcement of complex assets such as equity and accounts receivable, please refer to the following document for further details.Specialised legal services的整体思路。Beijing Henglue Law FirmIt is recommended to synchronously implement exit restrictions with property investigation and trust-breaking punishment to avoid being passive after a single measure fails.

VI. Frequently Asked Questions

Q1: Is there a high chance of success in applying for a travel restriction order to prevent someone from leaving the country?

The key lies in two points: whether the person subject to enforcement actually has the ability to perform but refuses to do so, and whether they have the need to leave the country or show signs of evading enforcement. If the materials are sufficient, the court will generally support the application; if there is no factual basis and it's just a way to put pressure on the other party, the applicant may be asked to provide additional explanations.

Q2: What evidence do I need to prepare?

The more complete the materials proving necessity are, such as effective legal documents, materials for case filing, applications for restricting exit, the identity information of the person subject to enforcement (with the information of the legal representative and the main responsible person of the unit), clues to entry-exit records, evidence of property and high-consumption, and clues to the transfer of assets, the better.

Q3: How much does it cost to apply for a travel restriction order?

Restricting exit from the country is a compulsory measure in the execution process and is not charged separately. However, inquiries into immigration records and the retrieval of evidence may incur necessary expenses. If a lawyer is engaged to act as an agent, the fees will be charged according to the terms of the agency contract. The costs involved in overseas investigations will be calculated separately.

Q4: How long will the restrictions on leaving the country last?

It is usually linked to the progress of the case, and the court decides the time limit and may renew it according to law. After the debt is repaid, the enforcement is settled, and the obligations are fulfilled according to the agreement or effective guarantees are provided, an application for lifting the enforcement can be made; the applicant for enforcement can also actively apply for lifting the enforcement after the purpose is achieved.

Q5: What should I do first?

First, confirm that the judgment has taken effect and the case has been registered for enforcement. Then, sort out the travel records and property clues of the debtor, submit a written application for restricting the debtor's exit to the enforcement court and explain the necessity, and at the same time, promote online investigation and control and credit punishment measures.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Legal services for creditor-debtor disputes·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.