The Research On The Restriction Of High Consumption Of Judgment Debtors

The restriction of high consumption of judgment debtors refers to an enforcement measure that aims at restricting the judgment debtors,who is capable of fulfilling his liabilities while refuses to comply with legally effective judgments,from making high consumptions beyond necessities in daily life upon the written application filed by the applicant for enforcement or as a result of ex officio actions of the people's court.In essence,it is a limitation of disposition right to the liability asset of judgment debtors,which falls into a class of punishment mechanism of civil execution.Unlike other upper limit measures adopted in indirect enforcement(one of enforcement measures that limits the right of personal liberty of the judgment debtors),it is used to cause inconvenience to the work and life of the p judgment debtors,and to impose deterrent effect on his mental state,so as to force him to fulfill the effective judgment document of the people's court.On May 17,2010,"Several Provisions on Restricting High Consumption of the Judgment Debtors" was formally introduced in China,which established the system in the form of judicial interpretation.Thereafter,on July 6,2015,by referring to the opinions of people's courts at various levels and the public opinions,the Supreme People's Court has revised part of "Provisions on Restricting High Consumption".Practices show that,during the seven years from the theoretical research to the formal introduction and implementation of it in the form of judicial interpretation,the system of restriction of high consumption of judgment debtors has achieved generally active and significant effect.However,there are still deficiencies in the system of restriction of the high consumption of judgment debtors.The system has the following problems in the normative aspect,including lack of legal basis,the insufficient provision on specific categories and the absence of remedy mechanism for parties involved.There are also difficulties in the judicial practice,including low operability,limited practical effect,great difficulties in the transregional implementation,lack of effective linkage mechanism between the court and relevant assistance unit,and unsound supporting measures and so on.Therefore,faced with the problems existing in the system of restriction of high consumption of judgment debtors in China,it is suggested that,when perfecting the current legislation and relevant institutional construction,the building of credit system for the judgment debtors should be improved,and the establishment and operation of countrywide linkage mechanism and social supervision mechanism should be accelerated.