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2019 Selection Case Study Selection Case Study Daily Practice (July 17)
Material 1 ? the old scoundrel ? that is, China's common name for debtors who owe people money but rely on refusing to fulfill the court's effective judgment. These people are heavily in debt, but the pursuit of material enjoyment. In contrast, many migrant workers and victims of traffic accidents who recover their wages have difficulty in making ends meet because they cannot get their wages and compensation payments in time. Many companies have been ? old scoundrels? y dragged down and closed down bankruptcy. Recently, Zhao Yong, a Tangshan man, recounted online his encounter with ? textbook old scoundrels? The experience: in 2015, Zhao Yong's father was hit by a female driver Huang Shufen into a vegetable. On the one hand, the victim of the car accident was bedridden for two years, the family sold their homes and resigned, embarrassed to maintain; on the other hand, it is the perpetrator of the accident to buy a house and car, wearing gold, in the court after the award, still at large, not willing to fulfill the court's decision. When Mr. Zhao blocked her at the door of the new house, she said the same words as two years ago, I have no money, I have to slowly find you. Finally said? Why don't you just let the court sentence me to a few years, I don't have to pay this money back? Textbook old scoundrel? Huang Shufen quickly angered the public, the court also took appropriate measures to detain Huang Shufen, and freeze her personal property.

Material 2 In the village of Xuanzhen, Harbor Street, R City, S Province, villager Zhang Xiaodong has been repaying his brother's debt of 180,000 yuan for 15 years without complaint or remorse, and is known to the local people as ? Honest brother?

In the early 1990s, audio and projection equipment was all the rage, and Zhang Xiaodong's brother borrowed money to start this business. But it did not last long, because the product lagged, lost a large amount of money. Due to the huge debt pressure, in 2000, Zhang Xiaodong's brother went out to work, and never came back.

? As soon as my brother left, the debt collectors went to my parents' home every day to ask for money, so that the two old people anxious and on fire. Since there is no news of my brother, I have to take the responsibility to maintain the credibility of our Zhang family. In the face of numerous debt collectors, Zhang Xiaodong resolutely made a commitment: to pay back the debt for his brother.

Less than a few thousand dollars, more than tens of thousands of dollars, from 2000 to the spring of this year, Zhang Xiaodong entrepreneurship to earn money, while his brother to return money, roughly calculated, a total of eighteen million yuan, to the documented debt all paid off. Many people did not expect this money back. Zhang Xiaodong's righteous act of repaying his brother's debt surprised many creditors. Whenever talking about the heavy fifteen years of debt repayment experience, he always that: ? The first thing you need to do is to be honest and pay back the money you owe, and that's the way it should be.

Material 3 November 1, 2015, the Chinese people *** and the State Criminal Law Amendment (IX) formally came into force. Among them, Article 313 of the Criminal Law was amended to read: ? If a person refuses to execute a judgment or ruling of a people's court when he or she has the ability to do so, and the circumstances are serious, he or she shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; if the circumstances are particularly serious, he or she shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall be punished by a fine.?

The Supreme People's Court on the restriction of the executor of high consumption and related consumption of a number of provisions emphasizes that the restriction of ? Old scoundrels? persons to engage in high consumption and non-living business, and provides for a series of activities related to consumption, such as tourism, vacation, taking airplanes, high-speed trains, staying in star hotels and so on.

Question: (1)? The old bad guys? What are the reasons for the widespread phenomenon?

(2) to punish the old rascal in the final analysis, or to improve the social integrity system. How to improve the social integrity system, please talk about your ideas.

Reference answer (1)? The old scoundrel? The phenomenon of widespread occurrence of the main reasons are:

First, the reality of interest driven. Part of the debtor in order to seek their own private interests, the original should be used to fulfill the debt of the funds used for consumption and the pursuit of material enjoyment.

Secondly, the moral standard is low. Individuals in breach of trust have no moral concepts, and are not ashamed of their breach of trust behavior, and will even be able to? The first is to make sure that you have a good understanding of what you are doing and how you are doing it. The first is to make sure that you have a good understanding of how to use the Internet and how to use the Internet. The first is to make sure that you have a good understanding of what you are doing and how you are doing it. The first is to make sure that you have a good understanding of the situation, and that you have a good idea of what you are doing.

Third, the implementation of the law is ineffective. The limited resources of the judiciary, involved in the implementation of each case is not realistic, so that the old man can take advantage of the legal loopholes, the use of transfer, concealment of property and other means to circumvent the implementation.

Fourth, the cost of breach of trust is low. Our credit system and integrity system is not perfect, the failure of the supporting mechanism is not complete, the failure of the binding of the limited, the pros and cons of the natural willingness to pay for the fulfillment of their obligations.

(2) First, accelerate the construction of the credit system. With a focus on credit information recording and integration, credit information **** enjoyment and disclosure, credit supervision, reward and punishment, accelerate the formulation of normative laws and regulations to regulate credit collection activities and the credit service market, and provide institutional guarantee for the construction and operation of the social credit system.

The second is to strengthen the construction of credit platforms. In accordance with the unified information standards and technical specifications, a national unified credit platform will be built to comprehensively integrate the credit information of members of the society recorded by the relevant industries and departments, establish a comprehensive database of credit information of enterprises, individuals, institutions, administrative organs and social organizations, and realize the information *** enjoyment and interconnection, so as to further enhance the level of openness of credit information *** enjoyment.

The third is to strengthen the incentives for trustworthiness and the mechanism of punishment for breach of trust. Maximize the cost of breach of trust and trustworthy benefits, increase the support for trustworthy subjects, give priority to those in good faith in the social public **** services, simplify procedures, etc. ? Green Channel? support incentive policies. Increase the joint disciplinary efforts of defaulters, the comprehensive use of market-based, administrative and industry-based and other disciplinary means, the defaulting enterprises and individuals on the extent of their breach of trust to take the media exposure, reduce the credit rating, reduce the amount of investment credit, limit market access, administrative penalties and other hard disciplinary measures.

Fourth, vigorously promote the culture of integrity. Actively build a culture of integrity to adapt to the development of the socialist market economy, at all levels of education and training to further enrich the content of integrity education, through newspapers, radio, television and other traditional media and the Internet, cell phones and other emerging media in-depth publicity to explain? Integrity The rich connotation and basic requirements, digging and setting up honesty model, exposure and flogging the typical breach of trust, in the whole society to form? Honest and trustworthy as an honor, to see profit and forget righteousness as a shame? The good morals of the whole society.