论限制高消费制度的正当性与完善路径——以四类责任人的权利救济为中心

On the Legitimacy and Improvement Path of the System of Restricting High Consumption—Centered on the Right Relief of Four Kinds of Responsible Persons

限制高消费制度属于间接执行措施,旨在对被执行人施以一定的不利益,迫使其基于心理强制履行债务,执行威慑和民事责任财产保全应属其功能价值。随着制度的发展,其制度矛盾也愈发显现。当被执行人是单位时,对其法定代表人、主要负责人、影响债务履行的直接责任人员、实际控制人限制高消费。其中,四类责任人主体身份应如何界定,异议救济途径不清晰。《强制执行法》的立法背景下,理应提高限制高消费制度的立法位阶,执行监督也必不可少。

The system of restricting high consumption is an indirect enforcement measure, which aims to impose certain disinterests on the executed person and force him to perform his debts based on psychology. The enforcement deterrent and civil liability property preservation should be its functional value. With the development of the system, its institutional contradictions have become increasingly apparent. When the person subject to execution is a unit, the legal representative, the main responsible person, the person directly responsible for affecting the performance of the debt, and the actual controller shall be restricted from high consumption. Among them, how to define the main identity of the four types of responsible persons is unclear. Under the legislative background of the “Enforcement Law”, the legislative level of the system of restricting high consumption should be raised, and the enforcement supervision is also necessary.