On The Civil Law Analyzing And System Perfecting Of The Restriction On Debtor's Consumption

The restriction on debtor's consumption applied to the following situation.When the court taken all the implementing measures,the debtor still not repay the debt of creditors,or the debtor refuses to perform effective legal instruments,while engage in various activities which are not match of his financial disclosure.(as upscale entertainment,and golf sports,and so on).In the case,the court will take various measures to publicity the debtor's personal information,and co-operate by other department,to restrict on debtor's consumption.Through this way,put on the mental intimidation to the debtor and force him to do perform effective legal instruments.The system is a new measure in civil procedure law,but the system will also take effect in the civil law,and there is a close relationship between the system and debt,so the author wants to take the civil law's opinion to explore the system.This article is divided into six chapters,the first chapter is the introduction,consists mainly of significance,current research,research methods,contents and possible innovations.The second to the fifth chapter are the main part of this article.The sixth chapter is the conclusion;this section is a summary of questions and conclusions of the thesis and conclusion.The main content of this article is contained in chapter II to chapter V.Chapter II based on the overview of the restriction on debtor's consumption,and describes its implementation status and leads to problems.Chapter III based on the legal foundation of civil law to analysis of the restriction on debtor's consumption,sort out its differences with the waste of human,explore the restriction limits the rights of the person subjected to execution competence or capacity,and discuss the compatibility of the system and the civil law system.The fourth chapter,based on the conclusions of chapter III,discusses the consequences of violation of the ruling.Chapter V mainly focuses on problems of the system itself,including the principles and the provisions of article III judicial interpretation is unreasonable.This paper argues that there are two unreasonable questions.Question one,against the debtor's children to attend the high charges private schools is reasonable or not.Question two,against the debtor's children to attend the high charges private schools due to protect creditor and vindicate the judicial authority.Why not ban the debtor's children in other high consumption behavior,and reasonable or not,and how to implement it.