The Study On System Of The Restriction On Judgment Debtor’s Consumption

Currently the phenomenon exists widely in the civil judicial practice in our country that judgment debtors refuse to fulfill the obligation specified in the legal document in force and make high consumption brazenly, which has not only infringed the legal interests of enforcement applicants, but also exerted a negative impact on the judicial authority of the people’s court. In an ideal law-based society, citizens, with their belief in law, respect the effective legal documents determined by the people’s court and fulfill their obligations specified in the legal document voluntarily. In today’s China, however, the phenomenon of “Lao Lai” is wide-spreading and the problem of “enforcement difficulty” is highlighted, suggesting the lack the public faith in law. The Cultivation of public legal belief is not only the fundamental requirement for the construction of a law-based society, but also an important means of solving the problem of “enforcement difficulty”, which, however, needs a long way to go. With China’s national conditions, for the purpose of further increasing the intensity of enforcement, protecting the enforcement applicant’s legal interests to the maximum and maintaining the authority of the law, a new legal system has been established for the restriction on judgment debtor’s high consumption. However, with some problems and shortcomings, the system couldn’t give a full play to the solution to “enforcement difficulty”. Therefore, the author aims here to analyze the legal system systematically, and to explore various approaches to the improvement thereof in judicial practice.The whole thesis consists of four parts plus the introduction and the thanks, with about 30 thousand words in all. The main contents are as follows:Part one serves as an overview of the system of the restriction on judgment debtor’s high consumption. This part consists of four sections covering expounding the background of the system, analyzing the relevant concepts, legal features and legal significance of the system, comparing the measure of high-consumption restriction with other indirect enforcement measures to analyze the similarities and differences, and analyzing the legal basis of the system. The restriction on judgment debtor’s high consumption refers to an enforcement measure that if the judgment debtor fails to fulfill his obligations specified in the legal document, the people’s court will forbid him to consume beyond the local average consumption, urging him to fulfill his obligations consciously. For the purpose of preserving and affirming the judgment debtor’s fulfillment ability, and punishing him, the system functions as a means of punishment and deterrent for the judgment debtor and urges him to fulfill his obligations willfully.Part two concerns the analysis of the legislation of the legal system. First of all, the legislation of the legal system in our country is expounded from three aspects: the law, the supreme people’s court judicial interpretation and other normative legal documents. And the problems concerning the legislation of the system are then analyzed that the legislative level is low, legislation only expresses generally the restriction on the judgment debtors’ travel by air, high-speed rail and CHR, etc, the scope of high-consumption restriction as well as the start mode of high-consumption restriction is cloudy, and the legal relief mechanism is absent.Part three is focused on the analysis of the judicial status of the legal system. With the help of the current civil judicial practice in China and the detailed judicial data gathered from survey, this part is to analyze the problems of the legal system in the judicial practice, which includes the problems in connection with the list of dishonest persons subject to enforcement system, the problems with the delivery of the notice and the release measures, the inefficient operation and application of the restriction on high consumption, and the difficulty in identifying the phrase “ high consumption” with a clear-cut definitionPart four endeavors to explore the means of improving the legal system. Through the analysis in the above two parts, this part puts forward some suggestions for improving the legal system. First of all, four enforcement concepts should be clearly defined respectively as protecting the enforcement applicants’ legal interests, improving the efficiency of enforcement, respecting and protecting judgment debtor’s legal rights and interests, and procedural justice. Secondly, the legislation of the system should be improved. Thirdly, the social credit system should be established. Fourthly, a complete supervision mechanism should be set up through establishing information sharing, completing the applicant selfregulation and perfecting the social supervision.