Constitution Analysis On The System Of The Restriction On Judgment Debtor's Consumption

Enforcement difficulty has always been a troubled problem in our country's court.It not only damages the interests of the creditors,seriously endanger the authority of the law,but also declining the credibility of the court's decision.In order to solve this problem,our courts have introduced many disciplinary measures for dishonesty,effectively deterring the civil debtor and urging them to consciously fulfill their legal obligations.Among the many disciplinary measures for dishonesty,limiting the civil debtor's high consumption system is one of the most widely used systems,which has a great impact on the basic rights of the civil debtors.Therefore,whether it has constitutionality has become an important problem.This paper adopts German ‘Three-scale Model' to review the constitutionality of the high-consumption system of the civil debtor,analyze the defects and deficiencies of the existing system,and make corresponding suggestions for the improvement of the system.Besides the preface and conclusion,the thesis is divided into four chapters.The first chapter gives an overview of the specific content of the limit high consumption system involved in this paper,including the applicable objects,applicable procedures,publishing method.And make a brief analysis of the vague concept of the limit high consumption system and the nature of the relevantmeasures.Through such an overview,lay a foundation for the analysis below.The second chapter focuses on the analysis of whether existing limit high consumption system impose restrictions on citizens' basic rights,including property rights,education rights,labor rights,privacy rights and reputation rights.Through the analysis in this chapter,lay the foundation for the judgment of the proportionality principle.The third chapter is the key chapter of this paper.This chapter uses the proportionality principle,from the three aspects of the principle of suitability,the principle of necessity and the principle of proportionality in a limited sense to analyze whether China's existing limit high consumption system has substantive constitutionality.In addition,this paragraph also draws on similar regulations from Germany,France and Japan,in order to conduct a comprehensive analysis of China's limit high consumption system.The fourth chapter is based on the analysis of the full text,in response to the shortcomings or problems of the limit high consumption system analyzed in the previous article,proposes corresponding suggestions on the legal level,content,scope of application and applicable methods of the limit high consumption system to solve China's Unconstitutional problems in the limit high consumption system.