Research on Disciplinary Measures of Dishonesty Against the Person Subject to Enforcement Under Chinese Civil Law

Abstract

Since 2013, through including the people subject to enforcement in the list of dishonest persons and restricting their high consumption, the Supreme People's Court has played a positive role in urging those dishonest people to actively fulfill their civil legal obligations. The disciplinary measures against dishonesty affect every aspect in the daily activities of civil subjects. In this paper, the author adopt literature research on the provisions of disciplinary measures for dishonesty. Through literature research, this paper clarified the scope of the object for dishonest punishment, the specific measures of the dishonest punishment, and the current relief methods. At the same time, we also found the circumstances such as the legal system of disciplinary measures for dishonest is not complete, the provisions of relief channels need to be improved, lack of restrictions on civil rights of dishonest persons subject to enforcement among the punishment measures and lack the restrictions on foreigners among those dishonest person subject to enforcement. In this paper, by concluded in combination with other discussions, it is suggested to formulate a special "Social Dishonest Punishment Law", and the enforcement court of the people's court should be responsible for reviewing of the correction application of the dishonest persons. In addition, restrictions on certain rights of the dishonest persons subject to enforcement in the civil litigation and foreign people subject to enforcement against dishonest should be restricted from entering China or applying for permanent residence in China should also be included in the dishonest measures.