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

Chen Jiandong; Jiang Zhengxiong; Wang Deling; Ni Zhangfeng

doi:doi:10.11648/j.ijls.20210403.18

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

Chen Jiandong, Jiang Zhengxiong, Wang Deling, Ni Zhangfeng

Published in International Journal of Law and Society (Volume 4, Issue 3)

Received: 2 August 2021 Accepted: 23 August 2021 Published: 10 September 2021

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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.

Published in	International Journal of Law and Society (Volume 4, Issue 3)
DOI	10.11648/j.ijls.20210403.18
Page(s)	209-218
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2021. Published by Science Publishing Group

Keywords

Person Subject to Enforcement, Disciplinary Measures Against Dishonesty, Chinese Civil Law

References

[1]	Article 3 of "Civil Procedure Law of the People's Republic of China".
[2]	Book One General Provisions of "Civil Code of the People's Republic of China."
[3]	Yang Lixin: "Research on general part of civil code of the People’s Republic of China" China Renmin University Press, page. 56 (2017).
[4]	Tan Ying, Huang Yongguang: "A Study on the Norms of Guardian Liability—From the Tort Liability of Civil Code (Draft of the Third Deliberation)", "Journal of Guangxi Administrative Cadre Institute of Politics and Law", 2020, (1).
[5]	Shen Ailing, Tian Kan: "Types of litigation and scope of application of limitation of action", "Seeker", 2004, (12).
[6]	Article 1 of the" Several Provisions of the Supreme People's Court on Announcement of the List of Dishonest Persons subject to Enforcement".
[7]	https://www.chinacourt.org/law/detail/2015/07/id/148347.shtml
[8]	Article 1 of the" Several Provisions of the Supreme People's Court on Restricting High Consumption and Relevant Consumption of Persons Subject to Enforcement".
[9]	http://www.gov.cn/xinwen/2016-01/28/content_5036834.htm
[10]	http://czxxfy.hebeicourt.gov.cn/public/detail.php?id=300
[11]	Article 3 of the" Several Provisions of the Supreme People's Court on Restricting High Consumption and Relevant Consumption of Persons Subject to Enforcement".
[12]	Article 12 of the "Several Provisions of the Supreme People's Court on Announcement of the List of Dishonest Persons subject to Enforcement ".
[13]	Article 10 of the "Several Provisions of the Supreme People's Court on Announcement of the List of Dishonest Persons subject to Enforcement".
[14]	Article 11 of the "Several Provisions of the Supreme People's Court on Announcement of the List of Dishonest Persons subject to Enforcement".
[15]	Liu Mingrui: "Perfection of the Protection Mechanism of the Rights of the Enforced Persons Who Lost Trust", "Journal of Shanxi Youth Vocational College", 2021, (3).
[16]	Li Shuo: "The Legitimacy of the Joint Disciplinary Actions against Dishonest Persons and the Reinforcement of It—Take the Memorandum of Understanding on Taking Joint Disciplinary Actions against Dishonest Persons Subject to Enforcement as a Sample", "China Law Review", 2021, (1).

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APA Style

Chen Jiandong, Jiang Zhengxiong, Wang Deling, Ni Zhangfeng. (2021). Research on Disciplinary Measures of Dishonesty Against the Person Subject to Enforcement Under Chinese Civil Law. International Journal of Law and Society, 4(3), 209-218. https://doi.org/10.11648/j.ijls.20210403.18

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ACS Style

Chen Jiandong; Jiang Zhengxiong; Wang Deling; Ni Zhangfeng. Research on Disciplinary Measures of Dishonesty Against the Person Subject to Enforcement Under Chinese Civil Law. Int. J. Law Soc. 2021, 4(3), 209-218. doi: 10.11648/j.ijls.20210403.18

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AMA Style

Chen Jiandong, Jiang Zhengxiong, Wang Deling, Ni Zhangfeng. Research on Disciplinary Measures of Dishonesty Against the Person Subject to Enforcement Under Chinese Civil Law. Int J Law Soc. 2021;4(3):209-218. doi: 10.11648/j.ijls.20210403.18

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@article{10.11648/j.ijls.20210403.18,
  author = {Chen Jiandong and Jiang Zhengxiong and Wang Deling and Ni Zhangfeng},
  title = {Research on Disciplinary Measures of Dishonesty Against the Person Subject to Enforcement Under Chinese Civil Law},
  journal = {International Journal of Law and Society},
  volume = {4},
  number = {3},
  pages = {209-218},
  doi = {10.11648/j.ijls.20210403.18},
  url = {https://doi.org/10.11648/j.ijls.20210403.18},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20210403.18},
  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.},
 year = {2021}
}

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TY  - JOUR
T1  - Research on Disciplinary Measures of Dishonesty Against the Person Subject to Enforcement Under Chinese Civil Law
AU  - Chen Jiandong
AU  - Jiang Zhengxiong
AU  - Wang Deling
AU  - Ni Zhangfeng
Y1  - 2021/09/10
PY  - 2021
N1  - https://doi.org/10.11648/j.ijls.20210403.18
DO  - 10.11648/j.ijls.20210403.18
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 209
EP  - 218
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20210403.18
AB  - 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.
VL  - 4
IS  - 3
ER  -

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Author Information

Chen Jiandong

Law School, Shanghai Maritime University, Shanghai, China
Jiang Zhengxiong

Law School, Shanghai Maritime University, Shanghai, China
Wang Deling

Merchant Marine College, Shanghai Maritime University, Shanghai, China
Ni Zhangfeng

Shanghai Maritime Safety Administration, Shanghai, China

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APA Style

Chen Jiandong, Jiang Zhengxiong, Wang Deling, Ni Zhangfeng. (2021). Research on Disciplinary Measures of Dishonesty Against the Person Subject to Enforcement Under Chinese Civil Law. International Journal of Law and Society, 4(3), 209-218. https://doi.org/10.11648/j.ijls.20210403.18

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ACS Style

Chen Jiandong; Jiang Zhengxiong; Wang Deling; Ni Zhangfeng. Research on Disciplinary Measures of Dishonesty Against the Person Subject to Enforcement Under Chinese Civil Law. Int. J. Law Soc. 2021, 4(3), 209-218. doi: 10.11648/j.ijls.20210403.18

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AMA Style

Chen Jiandong, Jiang Zhengxiong, Wang Deling, Ni Zhangfeng. Research on Disciplinary Measures of Dishonesty Against the Person Subject to Enforcement Under Chinese Civil Law. Int J Law Soc. 2021;4(3):209-218. doi: 10.11648/j.ijls.20210403.18

Copy | Download

@article{10.11648/j.ijls.20210403.18,
  author = {Chen Jiandong and Jiang Zhengxiong and Wang Deling and Ni Zhangfeng},
  title = {Research on Disciplinary Measures of Dishonesty Against the Person Subject to Enforcement Under Chinese Civil Law},
  journal = {International Journal of Law and Society},
  volume = {4},
  number = {3},
  pages = {209-218},
  doi = {10.11648/j.ijls.20210403.18},
  url = {https://doi.org/10.11648/j.ijls.20210403.18},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20210403.18},
  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.},
 year = {2021}
}

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TY  - JOUR
T1  - Research on Disciplinary Measures of Dishonesty Against the Person Subject to Enforcement Under Chinese Civil Law
AU  - Chen Jiandong
AU  - Jiang Zhengxiong
AU  - Wang Deling
AU  - Ni Zhangfeng
Y1  - 2021/09/10
PY  - 2021
N1  - https://doi.org/10.11648/j.ijls.20210403.18
DO  - 10.11648/j.ijls.20210403.18
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 209
EP  - 218
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20210403.18
AB  - 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.
VL  - 4
IS  - 3
ER  -

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