Abstract
Since 2013, through including the people subject to enforcement in the list of dishonest persons and restricting their high consumption, the Supreme People's Court has played a positive role in urging those dishonest people to actively fulfill their civil legal obligations. The disciplinary measures against dishonesty affect every aspect in the daily activities of civil subjects. In this paper, the author adopt literature research on the provisions of disciplinary measures for dishonesty. Through literature research, this paper clarified the scope of the object for dishonest punishment, the specific measures of the dishonest punishment, and the current relief methods. At the same time, we also found the circumstances such as the legal system of disciplinary measures for dishonest is not complete, the provisions of relief channels need to be improved, lack of restrictions on civil rights of dishonest persons subject to enforcement among the punishment measures and lack the restrictions on foreigners among those dishonest person subject to enforcement. In this paper, by concluded in combination with other discussions, it is suggested to formulate a special Social Dishonest Punishment Law, and the enforcement court of the people's court should be responsible for reviewing of the correction application of the dishonest persons. In addition, restrictions on certain rights of the dishonest persons subject to enforcement in the civil litigation and foreign people subject to enforcement against dishonest should be restricted from entering China or applying for permanent residence in China should also be included in the dishonest measures.
Highlights
Abiding by and fulfilling the obligations determined by the effective civil legal documents is the duty for the civil subject
High Consumption Restriction Order If the person subject to enforcement is a natural person, after being restricted from high consumption, the following acts of payment should not be allowed: when taking transportation, choose the second-class or above cabins of aircraft, train soft sleeper and ship; High consumption in hotels, hotels, nightclubs, golf courses and other places above the star level; Purchase real estate or build, expand or decorate high-grade houses; Renting high-end office buildings, hotels, apartments and other places for office; Purchase vehicles that are not necessary for business operation; Travel and vacation; Children attend in high-cost private schools; Pay high premiums to buy insurance wealth management products and other high consumption behaviors that are not necessary for life and work. [11]
The Legal Provisions of Disciplinary Measures Are Still Incomplete. It is only stipulated in Article 255 of the “Civil Procedure Law” that the person subject to enforcement can record his non-performance information in the credit investigation system and publish it through the media if he fails to fulfill the obligations specified in the legal documents
Summary
According to the provisions of the “Civil Procedure Law”, the object of the disciplinary measures for dishonesty is the person subject to enforcement who refuses to perform the legal documents and other measures prescribed by law. Legal person refers to an organization with the capacity for civil rights and conduct, and independently enjoys civil rights and assumes civil obligations according to law. People with full capacity for civil conduct in civil litigation and legal person organizations, as subjects with full capacity for civil conduct, have the qualification to independently undertake civil obligations, and should have the capacity for litigation and can become parties to civil litigation. Article 133 of the “General Principles of the Civil Law” before the implementation of the “Civil Code” stipulates: "If a person has no civil capacity or a person with limited civil capacity causes damage to others, the guardian should bear the civil liability." At the same time, these two types of subjects are considered to be incapable of litigation because of their lack of capacity for civil rights.
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