摘要
Abstract
In the administrative process of regulating society's credit and imposing reasonable penalties on those who are in default,problems are inevitable.According to the relevant provisions of the"Regulations on the List of Dishonest Persons",the objects of penalties should be restricted to dishonest debtors.However,in the actual implementation process,the application scope of this measure has been improperly expanded to individuals other than dishonest debtors.For instance,the children of dishonest debtors are prohibited from attending high-fee private schools,and the consumption of the four types of responsible persons of dishonest debtors is restricted.This study holds that the objects of penalties should not be expanded from dishonest debtors to their children.It is suggested that the courts should enhance their online investigation and control capabilities over the assets of debtors,and at the same time,strengthen the assistance obligations of high-fee private schools,changing the prohibition to assistance.Additionally,this study argues that the four types of responsible persons of debtor units should not be classified as dishonest debtors,but they can be subject to measures restricting consumption.When implementing these measures,the conditions for adopting restrictions on consumption should be clarified,and the relationship between the four types of responsible persons using personal funds for nine types of consumption behaviors and restricting these four persons from engaging in the same consumption activities under specific circumstances should be accurately understood.Meanwhile,in view of the frequent occurrence of dishonesty among government agencies in practice,this study believes that government agencies can be included in the list of dishonest debtors.However,when their legal representatives or main responsible persons are not debtors,the courts should not consider these individuals as dishonest debtors.At the same time,a sound system for investigating and holding accountable for the responsibility of government dishonesty should be established.Not only should the responsibility of dishonest governments be strictly investigated and held accountable,but also the responsibility of the responsible persons of government agencies should be strictly implemented.关键词
失信惩戒/失信被执行人子女/四类责任人/政府机构Key words
penalty of breaking faith/children of dishonest judgment debtors/four types of responsible persons/government bodies分类
政治法律
