On The System Of Restrict The Person Subject To Enforcement Consume High

In recent years,"the difficulty of implementation" has aroused widespread concern. This is also the major obstacle in the implementation of the People’s Court practice. The existence of "the difficulty of implementation" undermines the legitimate rights of citizens, the credibility of the judiciary and the authority of law. The mechanism of executive deterrence creates psychological shock to the person subjected to execution by means of producing inconvenience, prompting the person subjected to execution conscientiously fulfill his obligations. The introduction of the mechanism of executive deterrence turns the method of implementation from direct enforcement to combining direct and indirect. Limit the person subjected to execution and high consumption system belongs to the category of executive deterrence mechanism, its purpose is by limiting the consumption behavior of the person subjected to execution, such as restrictions on the flying, restrictions on the purchase, new real estate, etc., of the person subjected to execution lives inconvenience, so that the person subjected to execution to fulfill, active debt. Limits the person subjected to execution and high consumption system after around the court early pilot work, experts discussed, as well as for public opinion, in the end, in2010, the supreme people’s court issued the provisions about the limits to the person subjected to execution and high consumption. The promulgation of "restriction and high consumption change around the court single-soldier combat situation; make the system has a unified standard in the implementation of the nationwide. The establishment of the system is an important supplement to implement the system of deterrence, is conducive to the solution of the problem "difficult to execute". But shortly introduced as a means of execution, the system still has a lot of insufficient deserves further research and discussion. This article limits the person subjected to execution and high consumption system are analyzed and discussed, and puts forward some Suggestions to perfect the system.Full text besides preface and conclusion, mainly includes four parts:The first part to restrict the person subjected to execution and high consumption system of institutionalized path. This part simply evaluates the pilot work. Then, the paper introduces the process of the supreme people’s court promulgated judicial interpretation, and the judicial interpretation is evaluated.The second part discusses the limit the justification of the system of the person subjected to execution and high consumption. Limit the person subjected to execution and high consumption system is to perform important supplement of the deterrence mechanism, the establishment of the system is beneficial to solve the difficulty to perform, is conducive to the realization of social fairness and justice.The third part is analyzed from two aspects; one is normative level and practice level limit problems existing in the system of the person subjected to execution and high consumption. At the specification level, the system in the scope of the restrictions on traffic means, restrict children either,"follow" consumer behavior regulation is still questionable. On a practical level, there is interoperability is not strong, actual effect is limited;"Across the land" implementation is difficult; Weak penalties and other issues.The fourth part to restrict the improvement of the system of the person subjected to execution and high consumption. Against defects in the system this part puts forward some countermeasures, first is to strengthen the restriction system of the person subjected to execution and high consumption in advance the system construction; Second, must strengthen the execution work social linkage mechanism; Finally, to establish a perfect supervision mechanism.