Recent，The legal representative of the chain company and the star Yang Yang, who served as the legal representative of a performing arts company, was taken after taking restrictions on consumption measures，attracted widespread attention in the society。According to the "Several Provisions of the Supreme People's Court on Restricting the High Consumption of the Personal High Consumption" (hereinafter referred to as the "Several Provisions")，The executed person did not fulfill the payment obligation determined by the effective legal document during the period specified by the execution notice，People's Court can take restrictions on consumer measures。Article 2 stipulates: "When the people's court decides to take restrictions on consumer measures，It should be considered whether the executed person has negative performance、Avoiding or resisting execution behaviors and the ability to perform the person's performance。"" According to Article 3 (2),，After the executed person is the unit and takes restrictions on consumption measures，The executed person and its legal representative、Main person in charge、Direct responsible persons affecting debt performance、bet365 best casino games The actual controller also suffers restricted consumer measures at the same time。That is to say，Restricting consumption order is suitable for unit，It is also applicable to its legal representative or person in charge at the same time，Of course, of course, the liability determination，Regardless of whether the individual of the representative has the management fault and the unit of the unit。

When the unit is a legal person，Legal members generally only bear limited liability，No liability for personal liabilities to the legal person。As a business manager，Considering the balance of protecting the spirit of the enterprise and the protection of creditors，Legal representative or person in charge can only be intentional or major time when violating the law or when operating management，Only respond to the responsibility of the legal person's debt。For example，Existing the company escaped the capital，Abuse of legal personality or the contributed capital contributed to the company's business is obviously not proportional to the company，Legal representatives and other executives shall be responsible for the company's debt.。According to the "Company Law" regulations，The liquidator takes the personal responsibility of the creditor's damage when the liquidation activity is intentionally or major negligence。Similar to this，The employer is responsible bet365 live casino games for the damage caused by the staff during the execution of the staff (Article 34 of the Infringement Liability Law)，According to mainstream doctrine，Only when the staff has intentionally or major faults will the victim bear personal responsibility，This is also applicable to the legal representative or person in charge of the senior employee。According to the "Several Provisions"，After the legal person is taken to restrict consumption measures，Legal representative or person in charge may not have the following consumption behaviors necessary for high consumption and non -living and work: "(1) when taking transportation，Train soft bedroom、Train soft bedroom、The second -class cabin of the ship; (2) at a hotel above the star level、Hotel、Night Club、Golf Stadium and other places for high consumption; (3) Buy real estate or newly built、Expansion、High -end decoration houses; (4) Leasing high -end office building、Hotel、Apartment and other places office; (5) Buy non -operating essential vehicles; (6) Travel、vacation; (7) Children at high charging private schools; (8) Pay high premiums to purchase insurance wealth management products; (9) take the G -shaped EMU train all seats、Other EMU trains and other seats and other non -living and work consumer behaviors must be。"" Can't help asking，Of course, is there a spirit of illegal governance in this responsibility?

bet365 best casino games First，These measures are severe，In today's，Travel、Travel or vacation is part of daily life，Individuals who have suffered consumption ban are equivalent to "punishment" to some extent。And bearing restrictions on consumption of "punishment" measures time，Legal representatives do not have enough rights or defense protection，This is also inconsistent with the spirit of the rule of law。Article 225 of the Civil Procedure Law "execution objection" is just afterwards relief，And now that the judicial interpretation stipulates that the court can directly apply the restrictions to the legal representative，I am afraid that he raised his objection afterwards.。Next，Legal representative and legal person is two legal subjects，The former is not the same as the latter，Legal person has debt or does not perform the situation，It does not necessarily mean that the legal representative has a fault for this，In practice, it is really uncommon for legal persons to be unable to perform。Legal representative or person in charge of being restricted to consumption order，If it does not have major management faults or hinders implementation illegal acts，To some extent, the right to reputation will also be damaged，Especially for public figures and well -known entrepreneurs who cherish their reputation，Everyone mistakenly thinks that it is "Lao Lai" or has moral flaws。again，bet365 live casino games Of course with this kind of consumption order，The corporate spirit of the businessman，It is not conducive to the emergence of a good business environment。Today，A large amount of sneak identity information appears、Select the elderly as the elderly as the legal representative or change the legal representative in the execution process，Can't help but say that it has something to do with this "modern plant connection"。We must admit，In business operations，Commercial risks are uncontrollable，No one can guarantee that their intended activities will be profitable，The law cannot be difficult to be strong。Last，When the unit is an illegal organization，In the field of unincorporated organizations who are responsible for organizing debt，Legal representatives are generally members of the organization，Let it undertake the liability and it seems that there is no problem。But the management company is not a one of the legal representatives，Why only let the legal representative take responsibility? Such as a partnership，All ordinary partners have the right to manage the enterprise，Copy liability for the debt of partnerships。Similarly，In the field of legal person，The executive agency of the legal person is generally not only composed of legal representatives，The court shall consider whether all members of the legal person's executive Bet365 app download agency have violated the law or whether it constitutes intentional or major management faults，instead of being limited to punishment of legal representatives or persons in charge。

To sum up，Restriction of consumption order is a strategic measure to solve the problem of "difficult to execute"，The original intention is good，But at the same time, it is also suspected of "modern strains" and violating the spirit of the rule of law。It is suitable for legal person，Legal representative will certainly bear restrictions on consumer measures，instead of evaluating whether the individual has management or business error。Considering the existence of business risks，No one can guarantee that the legal person's business will be able to make a profit。Therefore，The court applies to the statutory representative or the person in charge to restrict the consumption order，should be more cautious，Focus on whether its business management violates the laws and regulations or is there any major management error。At the same time，It is best to give the legal representative or the person in charge of the right to lighten or defense before issuing the ban。

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