Research On The Regulation Of Joint And Several Liability For Untrustworthy Punishment In The Judicial Field

In order to crack the judicial "difficult to enforce",the judicial authorities continue to make breakthroughs in the enforcement path,and the joint and several liability for default is one of the entry points.In the relevant judicial interpretation of restricting high consumption,the children of the defaulted executee are not allowed to attend high fee schools,and when the defaulted executee is a unit,the legal representative of the unit and other controllers are also restricted from high consumption.Both in legislation and judicial practice,the joint and several liability for default disciplinary action is often placed side by side with restrictions on transportation,restrictions on exit and other enforcement measures,and the joint and several liability for default disciplinary action is simply regarded as an enforcement measure.However,the joint and several liability for breach of trust discipline not only affects the defaulted executee,but also affects the third party associated with the executee,and its essence is the change of the scope of the executee.The change of the scope of the executee involves the entity interests of the third party and requires extra caution.Therefore,there is a need to establish a special procedure for safeguarding the rights of third parties and further improve the substantive norms of joint and several liability for breach of trust and discipline.The theory of expansion of subjective scope of enforcement power can provide theoretical support for joint and several liability for breach of trust and discipline.The theory of subjective scope of enforcement power contains a type of holder of responsible property other than the subject matter of litigation.The justification for the expansion of the subjective scope of enforcement power to the holder of the liable property lies in the fact that the entire property of the debtor is the total guarantee for the realization of the claim.In order to prevent the improper loss of the liable property,the enforcement power expands to the holder of the liable property with the liable property.In order to restrict the children of the defaulted executee from attending high fee schools is out of the consideration of restricting the right of disposal of the property of the defaulted executee.Employment discrimination against children of defaulted executors clearly goes beyond the theoretical basis and requires truncation of the dissemination of information about the particular relationship.The negative comments of the public opinion on "the male star's parents are defaulted executors,but they use their parents' property to spend heavily",which reinforces and affirms the legitimacy of joint and several liability for defaulted disciplinary actions.Adding and changing parties is the main form of subjective expansion of enforcement power.From the perspective of the third party,the biggest difference between the joint and several liability for breach of trust and the addition and change of parties is that,after the addition and change of parties,the third party also needs to fulfill the debt,while the joint and several liability for breach of trust and discipline,the debt is still only borne by the executee,and the third party is only restricted from high consumption or other measures,in order to prevent the loss of responsible property.The theory and procedure of adding and changing parties are relatively perfect,and the procedure of joint and several liability for breach of trust and discipline can be constructed by drawing on the system of adding and changing parties.The improvement of the substantive norms is divided into two aspects,one is to take the principle of proportionality and the theory of subjective scope of enforcement power as the basic followings of the joint and several liability for default discipline,and the other is for the improvement of specific legal rules,such as distinguishing the property sources of tuition fees for children of defaulted executors and strengthening the protection of the privacy of children of defaulted executors.