Research On Limiting The High Consumption System Of Untrustworthy Persons

At present,with the joint efforts of the people's courts at all levels across the country,the implementation of the tough battle has made a major breakthrough,basically fulfilling the solemn commitment of the "Six-three-year period to basically solve the implementation difficulties" proposed by the Supreme People's Court in March 2016.And the restrictions High consumption,as a common measure used by the court to enforce the untrustworthy executors,plays an important role in solving difficult implementation problems.However,due to the late origin of the high-consumption system for restricting the untrustworthy in China,the relevant legislative provisions need to be further improved,and judicial operations need to be further regulated.Therefore,after analyzing the legal attributes and institutional status of restricting the high consumption of untrustworthy people,it is necessary to find out its existing problems and propose relevant solutions.This is important for further developing and perfecting China's high-consumption system for restricting untrustworthy people and building a credible society.Based on this,the paper is divided into three parts,the content is as follows:The first part introduces the general theory of limiting the high consumption of untrustworthy people.Firstly,it defines the high consumption range and the scope of applicable subject matter restricted by the height limit system.Among them,the definition of high consumption range proposes that the high consumption behavior has a relative view,that is,whether to define whether a consumer behavior is high consumption depends not only on The level of consumer expenditure should also be considered whether it is reasonable for the untrustworthy person;the height limit system proposed on the applicable subject applies to both the untrustworthy enforcer in the execution field and the serious untrustworthy person in the non-executive field.Secondly,it analyzes the relevant legal attributes of restricting the high-consumption measures of untrustworthy people,and proposes that it is a special indirect enforcement measure,and has three characteristics:non-necessity,long-lasting disciplinary effect and applicable lag.The second part introduces the current situation of China's system restricting the high consumption of untrustworthy people.Firstly,it introduces the status quo of the legislative provisions of China's height limit system from relevant laws,relevant judicial interpretations,relevant administrative regulations and relevant local legislation;then introduces the implementation of the height limit system from both the implementation and non-implementation fields.The five typical examples of the implementation of the Hainan Intermediate People's Court have found that the measures to limit the heights are more applicable to the enforced person and the necessity of establishing corresponding relief mechanisms.The third part is composed of the third chapter and the fourth chapter.Based on the first two parts,it summarizes and analyzes the problems existing in the legislation and implementation of the high limit system in China,and puts forward targeted opinions.The third chapter of this paper puts forward the defects of China's restrictions on high consumption legislation and the predicament of its implementation.Legislative deficiencies include the low level of legislation at the legislative level,the vague definition of high-consumption laws,and the rough provisions of relevant restrictions.The dilemmas in implementation include difficulties in implementation,lack of corresponding relief mechanisms,and relatively narrow scope of application of height-limiting measures.The fourth chapter puts forward suggestions for improving the problems existing in the high consumption system.It mainly includes the legislative level of improving the system in legislation,improving the high consumption standards and relevant judicial interpretations;improving the law enforcement coordination mechanism and the party relief mechanism in implementation,and expanding the scope of application of the height limit system,with a view to further improving China's height limit system,Ultimately serve the construction of the entire integrity society.