On Three Special Types of Subjects in the Punishment for Breach of Trust
Abstract
The Provisions of the Supreme People’s Court on Issuing the Information on the List of Dishonest Judgment Debtors specify that the primary target of punishment for dishonesty should be the dishonest judgment debtors. However, in practice, the scope of punishment has broadened to include their children and four types of responsible persons. This study conducts a thorough analysis and recommends that the punishment of the judgment debtors’ children be explicitly prohibited. It also advocates for strict adherence to legal conditions when imposing consumption restriction measures on the four types of responsible persons. Furthermore, in cases where a government body is listed as a dishonest judgment debtor, this paper argues for the strict enforcement of accountability for both the agency and its responsible persons, aiming to establish a robust mechanism for penalizing governmental defaulters.
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Cui, J. Y. (2017). The boundaries of the administrative contract family and the basis for their determination. Global Law Review, (4).
Gu, J. J. (2018). Annual observation report on civil enforcement in China (2017). Contemporary Law Review, (5).
Hou, M. M. (2021). The function and limitation of judicial reform in the construction of credible government. Henan Social Science, (2).
Li, G. Y. (2019). Examining the disciplinary measures of ‘prohibiting children from attending high-paying schools.’ Journal of Huaqiao University (Philosophy & Social Sciences), (1).
Li, S. G. (2019). Jurisprudence research and applicability rules of joint responsibility management for dishonesty. Law Science Magazine, (2).
Li, S. M. (2018). ‘Joint and several liability’ for breach of trust? China Financialyst, (8).
Liu, G. X. (2016, September 26). Increasing credit disciplinary efforts and establishing joint credit disciplinary mechanisms. People’s Court Daily, 3.
Liu, G. X., & Lin, Y. (2016). Understanding and application of the decision on amending the provisions on restricting high consumption of judgment debtors. People’s Judicature•Application, (1).
Liu, Z. D. (2021). My opinion on the government’s ‘breach of trust.’ Shanghai Municipal People’s Congress, (12).
Qin, X. (2018). Cracking the difficulty of government default and promoting the rule of law in local governance: Based on a survey of the current situation of people’s governments at all levels on the list of dishonest judgment debtors. Theory Research, (9).
Shao, D. H. (2022, February 23). On restricting high consumption for the four types of responsible persons. People’s Court Daily, 7.
Shi, H. J. (2018, August 16). High-fee private schools are not equivalent to compulsory education. People’s Court Daily, 2.
Song, C. L. (2021). The revolution and jurisprudential analysis of the restricting high consumption. SJTU Law Review, (4), 180-194.
Wang, L. M. (2020). The scope of administrative agreement: Also on Article 1 and Article 2 of provisions on several issues concerning the trial of administrative agreement cases. Global Law Review, (1).
Yang, X. T. (2016, April 20). Problems and suggestions on restriction of high consumption. People’s Court Daily, 8.
Zan, Y. (2022, May 24). What is the remedy for governmental breach of trust: A discussion on the government’s breach of trust in the field of government procurement. China Government Procurement News, 3.
Zhao, Y. P., & Huang, Y. (2022). On protecting the rights of children of dishonest judgment debtors. Credit Reference, (1).
Zhou, Q. (2023). Report on the work of the Supreme People’s Court - March 7, 2023, at the first session of the Fourteenth National People’s Congress. Gazette of the Supreme People’s Court, (4).
DOI: http://dx.doi.org/10.3968/13502
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