On the Application of Measures to Restrict High Consumption of Legal Representatives in China

IF 0.1 4区历史学 0 ASIAN STUDIES

CHINESE STUDIES IN HISTORY Pub Date : 2023-01-01 DOI:10.4236/chnstd.2023.124019

Zhiguo Zhang, Kejin Chen

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引用次数: 0

Abstract

Currently, in the compulsory enforcement procedures of China, restricting high consumption of the legal representative of the enforced company is a double-edged sword. On the one hand, it is effective in realizing the applicant’s true interests. On the other hand, however, it is of theoretical inconsistencies between the measures restricting high consumption of legal representative and the theory of limited liability of company; specifically, in the cases to end the enforcement procedure, the consumption restriction measures imposing on the legal representative has already lost their deterrent effect, and if continuing to restrict the right of the legal representative, it will not only be harmful to the “recovery” and “regeneration” of the economic ability of the legal person subject to enforcement, but also will cause certain negative social effects. Therefore, based on relevant theoretical research and cases study, this thesis points out that it is necessary to amend the framework of the measure system of restricting high consumption of the legal representatives and to construct a “limited application” mechanism in order to restore the institutional purpose of the restricting measures and maximize the institutional function of them.

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论限制法定代表人高消费的措施在中国的适用

目前，在中国的强制执行程序中，限制被强制执行公司法定代表人的高消费是一把双刃剑。一方面，它能有效地实现申请人的真实利益。但另一方面，限制法定代表人高消费的措施与公司有限责任理论存在理论不一致;具体而言，在终止执行程序的案件中，对法定代表人施加的消费限制措施已经失去了威慑作用，如果继续限制法定代表人的权利，不仅不利于被执行法人经济能力的“恢复”和“再生”，而且会造成一定的负面社会影响。因此，在相关理论研究和案例分析的基础上，本文指出有必要修正限制法定代表人高消费的措施体系框架，构建“有限适用”机制，以恢复限制措施的制度目的，最大限度地发挥其制度功能。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

CHINESE STUDIES IN HISTORY Multiple-

CiteScore

0.20

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0.00%

发文量

期刊介绍： Chinese Studies in History makes noteworthy works and important trends of historical study in the Chinese-speaking world available to English-language readers. Thematic issues present original papers or articles from academic journals and anthologies that have been selected for translation because of their excellence, interest, and contribution to scholarship on the topic. Topical coverage ranges over all periods and subfields of Chinese and East Asian history as well as more general theoretical and historiographical questions of interest to historians of many specialties. Each issue includes a substantive introduction by the editor or specialist guest editor.