Popular actress restricted from high spending, ignoring court ruling trends on hot search.

Compiled from The Paper
 
On February 28, #HuangTingtingListedAsDiscreditedPersonToBeEnforced trended first on hot search. At 8:14 PM the same day, Huang Tingting responded, stating she respects the judicial ruling and will resolve financial issues as soon as possible. She apologized for occupying public resources with personal matters.

 

Case review
Last year, a first-instance civil judgment on a contract dispute published by the Shanghai Hongkou District People's Court showed that Huang Tingting was in a lawsuit to terminate her contract with Siba Culture.

 
 

The judgment stated that plaintiff Huang Tingting alleged that in August 2013, both parties signed the "SNH48 Exclusive Artist Contract," agreeing that defendant Siba Company would provide agency services to the plaintiff. During the contract period, the defendant failed to provide comprehensive training and planning for the plaintiff's career development as agreed, and concealed the true amount of remuneration from the plaintiff's activity projects. Since July 2019, plaintiff Huang Tingting repeatedly negotiated with defendant Siba Company, but the defendant made no adjustments, deepening the conflict between the two parties. In October 2019, Huang Tingting sent a "Lawyer's Letter" to Siba Company, requesting the provision of relevant materials for her participation in various performance projects and payment of undistributed income, and proposing termination of the contract.
 
The court held that the "SNH48 Exclusive Artist Contract" mentioned by Huang Tingting was voluntarily signed by both parties, representing their true intentions, and did not violate mandatory provisions of laws or administrative regulations. It is a legally valid contract, and both parties should fully perform their obligations as agreed.
 
The court considered that since the signing, Siba Company had provided Huang Tingting with numerous performance opportunities, training, packaging, and paid her various performance incomes. Before the contract term expired, Huang Tingting failed to actively perform the contract and should bear liability for breach. Considering Huang Tingting's breach during contract performance, as well as factors such as the contract term and the timing of her breach, the court found that Siba Company's claim for 10 million yuan in liquidated damages based on the contract was excessively high. The final ruling was to terminate the "SNH48 Exclusive Artist Contract" signed in 2013, with Huang Tingting paying 3.5 million yuan in liquidated damages to Siba Media Company.
 
Recently, information released by Siba Media showed that Huang Tingting refused to pay the amount and has been included in the list of dishonest persons subject to enforcement by the court, with measures such as a high-consumption restriction order imposed.
 
 
《 [1] The People's Republic of China Civil Procedure Law
Article 262
If an enforcement obligor fails to perform obligations determined by a legal document, the people's court may take measures against them or notify relevant units to assist in taking measures such as restricting exit, recording in the credit system, publishing information on non-performance through media, and other measures provided by law.
 
 
《 Provisions of the Supreme People's Court on Restricting High Consumption and Related Consumption of Persons Subject to Enforcement 》
Article 1
If a person subject to enforcement fails to fulfill the payment obligations specified in an effective legal document within the period designated by the enforcement notice, the people's court may adopt measures to restrict consumption, limiting their high consumption and related consumption that is not necessary for daily life or business operations.
For a person subject to enforcement who is included in the list of dishonest persons subject to enforcement, the people's court shall adopt measures to restrict their consumption.
 
Article 3
If the person subject to enforcement is a natural person, after the adoption of consumption restriction measures, they shall not engage in the following high consumption and consumption behaviors not necessary for daily life or work:
(1) When using transportation, choosing aircraft, soft sleeper on trains, or first-class and above cabins on ships;
(2) Engaging in high-consumption activities at star-rated hotels, restaurants, nightclubs, golf courses, and similar venues;
(3) Purchasing real estate or building, expanding, or luxuriously renovating houses;
(4) Renting high-end office buildings, hotels, apartments, or similar premises for business operations;
(5) Buying vehicles not essential for business operations;
(6) Traveling or vacationing;
(7) Enrolling children in high-tuition private schools;
(8) Paying high premiums to purchase insurance financial products;
(9) Taking all seats on G-series high-speed trains, first-class seats or above on other high-speed trains, and other consumption behaviors not necessary for work or life.
If the person subject to enforcement is an entity, after the consumption restriction measures are imposed, the entity and its legal representative, principal responsible person, directly responsible persons affecting debt performance, and actual controllers shall not engage in the acts specified in the preceding paragraph. If they need to engage in such acts for personal consumption using personal property, they may apply to the enforcement court. If the enforcement court verifies the application as true, it shall grant approval.

 
 

 
[1] The author's perspective
Huang Tingting, as an artist, has the ability to perform her obligations but refuses to comply with the effective legal documents, resulting in her being listed as a dishonest person subject to enforcement by the court. The court has also imposed a high-consumption restriction order on her, which will inevitably affect her normal work and life. However, one does not feel the pain until the whip strikes. Many artists today tend to overlook the authority of the law, partly due to a lack of professional knowledge and partly due to a lack of reverence for the law.
 
For example, in this case, Huang Tingting ignored the judgment even after receiving it, only facing reality and actively fulfilling her obligations when her life was affected and public opinion pressured her. It is hoped that all artists will take this as a warning, as abiding by the law is not only the bottom-line ethics for artists but also a basic prerequisite for setting a good example in society.