How to deal with the impact of a father s dishonesty on his son s college education

**According to reports, in this year's college entrance examination, Mr. Cangnanrao's son in Wenzhou, Zhejiang Province played well and was admitted to a well-known university in Beijing. Just as the family was basking in joy, the school called to say that it might not be able to admit them. The reason is that Mr. Rao has not repaid the loan owed to the bank, and the execution procedure has not yet been concluded, and he was included in the list of dishonest judgment defaulters in July last year.

Seeing that his son's three-year efforts came to naught, Mr. Rao immediately contacted the bank to pay off the arrears in minutes.

Judging from the effect of punishing untrustworthiness, this trick of the bank is very effective. Mr. Rao's swift repayment of the arrears, but the evasion of responsibility before that, is indeed punishable. However, as soon as the report came out, it sparked heated discussions among netizens.

There is a voice that believes that the father should be punished for his dishonesty, and the son should be turned away from the university, which is not a kind of "joint sitting" - receiving higher education is a citizen's right, and even if the father is untrustworthy, the son's right to education should not be affected.

Indeed, the targets of punishment for untrustworthiness are limited. The target of punishment for untrustworthiness can only be the subject of the untrustworthy, not their relatives or other persons, which is in line with the modern concept of rule of law. The "Guiding Opinions on Establishing and Improving Systems of Joint Incentives for Trustworthiness and Joint Disciplinary Action for Untrustworthiness to Accelerate the Establishment of Social Creditworthiness" issued in June 2016 pointed out that one of the basic principles of punishment is to make full use of credit incentives and restraint measures to increase the extent of incentives for creditworthiness entities and punishments for seriously untrustworthy entities.

It can be seen that if the father is untrustworthy, the son is indeed undeserved, and it is not in line with the spirit of the relevant opinions.

For a long time, the society has been highly concerned about the problem of "difficulty in enforcement" by the people's courts. How to grasp the boundaries of punishment for untrustworthiness, how to scientifically define untrustworthy conduct, and how to standardize the procedures for punishing untrustworthiness all need to be done in accordance with law. The Supreme People's Court and other departments have jointly issued the "Memorandum of Cooperation on the Implementation of Joint Disciplinary Action against Judgment Defaulters", proposing a total of 55 punishment measures in eight categories, the sixth of which is to restrict judgment defaulters' high consumption and other consumption behaviors, including restrictions on judgment defaulters taking planes and restricting their children from attending high-fee private schools.

Therefore, according to the relevant regulations, if the father is untrustworthy, the education of the children will indeed be affected. However, affecting a child's education cannot be equated with affecting a child's right to education. The essence of restricting children from attending high-fee private schools is to restrict the high-spending behavior of the untrustworthy themselves.

If you can afford the high fees of a private school, why don't you have the money to pay back? In essence, this is restricting the property rights of judgment defaulters, not restricting their children's right to education.

No, jail will not affect the child. However, taking the civil service exam or something will affect the child.

The father is a dishonest person, will it affect his son's admission to collegeThe father's blacklist of dishonesty is likely to affect the child's college. Punishment for dishonest persons:

Restrictions on children's attendance in high-fee schools. Restrict judgment defaulters and their principal responsible persons, actual controllers, and persons directly responsible for influencing the performance of debts from using their assets to pay for their children's enrollment in high-fee private schools. Restrictions on trains and airplanes.

Restrict judgment defaulters and judgment defaulters' principal responsible persons, actual controllers, and persons directly responsible for influencing the performance of debts from taking soft sleepers on trains, all seats on G-prefix EMU trains, first-class or higher seats on other EMU trains, and civil aviation aircraft, and other consumer behavior that is not necessary for life and work.

The general process starts from discovering the problem and raising the problem, and after discovering the problem, make assumptions about the answer to the problem according to their existing knowledge and life experience Design the first plan, including the selection of materials, design methods and steps, etc. After reaching a conclusion, it is also necessary to reflect on the whole process of the general methodological steps of the experiment: asking questions, making hypotheses, making plans, implementing plans, drawing conclusions, expressing and communicating

The most commonly used methods in science include observation method, experimental method, investigation method and data analysis method

Observation is a basic method of science Scientific observation can be made directly with the naked eye, with the help of magnifying glasses, microscopes and other instruments, or with the use of cameras, video recorders, video cameras and other tools, and sometimes it is also necessary to measure Scientific observation should have a clear purpose; Observations should be comprehensive, meticulous, and realistic, and recorded in a timely manner; Be planned and patient; Think positively and record in a timely manner; To exchange views and discuss The design of the experimental protocol should be carried out closely around the questions and hypotheses raised When studying the influence of one condition on the research object, the experiment carried out under the same conditions except for the different conditions is called a controlled experiment General steps: find and ask questions; gather information related to the issue; make assumptions; design of experimental protocols; Conduct experiments and record them; analysis of experimental phenomena; Conclusion Investigation is one of the common methods of science When investigating, we must first clarify the purpose of the investigation and the object of the investigation, and formulate a reasonable investigation plan During the investigation process, sometimes because the scope of the investigation is very large, it is necessary to select a part of the survey objects as samples During the investigation process, it is necessary to record truthfully The results of the investigation should be sorted out and analyzed, and sometimes the statistical methods should be used to collect and analyze data is also one of the common methods of science There are many ways to collect information Go to the library to consult books and newspapers, and visit relevant people, The form of information includes text, data, and audio-visual data, etc., and the information obtained should be sorted out and analyzed, and answers and clues should be found from it.

Parents are untrustworthy and their children are restricted, how can they "fight poison with poison"?

The article is titled "My son was admitted to a well-known university in Beijing this year, but he was almost unable to be admitted because of a move by his father!" The report was obviously spread as positive energy. Because his dishonesty affected his son's college education, the old father regretted it and immediately paid off the 200,000 yuan owed to the bank for two years.

This case has achieved immediate results in the governance of the old lai, some netizens left messages expressing support, and some said, "If you don't talk about credit, you have to pay the price, support!" "Some say" seems simple and crude, but in fact the method is effective. ”

But is "effective" reasonable? I thought otherwise. Although the practice of "parents are untrustworthy and children are restricted" is effective in dealing with the elderly, and even has immediate results, it is easy to overexert force and cause innocent people.

In the above incident, the son was admitted to a well-known university, but was almost rejected because of his father's dishonesty, which is obviously a joint effort and violates the child's legal right to receive education. Since it is the father's dishonesty, he should take measures such as restricting high consumption, restricting leaving the country or taking high-speed rail, etc., to force him to pay off his debts. How could the bank force the father to repay the debt by threatening to cancel his son's college qualification because he had not paid off his debts?

The old man involved was worried that his son would be implicated, so he quickly paid off 200,000 yuan, which seems to have achieved the effect of "killing multiple birds with one stone": it not only "deterred" the old lai, but also allowed the bank to recover the arrears, and did not affect the child's college education. But the company itself violates the legitimate rights of innocent people.

This kind of erroneous practice is just like the "three generations of people" who were arrested in Xinyang County, Henan Province, some time ago, and the "drug-related families" whose houses were spray-painted in Aojiang Town, Huilai County, Guangdong Province, and are all infringements on the legitimate rights and interests of innocent people who have been implicated, such as their personality rights and honor rights.

The report also cited a number of cases of "parents discrediting their trustworthiness and children being restricted" handled by the Cangnan County Court this year, just to further prove that this way of dealing with the old man is "very violent, but very effective". In May this year, the executive judge of the court learned that the son of the person subject to enforcement, Wu, was studying in a local private school, and immediately sent a letter to the school, clarifying that Wu had been included in the list of dishonest judgment debtors, and that it was expressly forbidden for his children to attend a high-fee private school, and required the school to no longer accept the student. In fact, this practice is essentially to restrict the high consumption behavior of parents, even if the child does not go to a private school, he can also go to a public school or a private school with relatively low tuition fees.

Therefore, it does not deprive children of their right to education, and it does not belong to Zhulian. However, this must not be taken as a reason to assume that "parents are untrustworthy and children are restricted" is reasonable and effective, and it is beyond reproach.

In recent years, there have been a number of incidents in various localities in which "the father is a scoundrel and the son cannot take the civil service examination." The units involved have all regarded this illegal act of "fighting poison with poison" as an effective means to deal with the laid-backs, and they are not ashamed of it, but proud of it.

In short, it is also necessary to stress principles and abide by the law in dealing with old scoundrels, and we must not be innocent for the sake of "effect". Otherwise, it is also a kind of scoundrel, which maximizes the benefits for the creditor and the maximum harm for the law and the innocent. (Text.)

Children of judgment defaulters are affected, and the children of those who are included in the list of judgment defaulters will not be affected. Article 1 of the "Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters" Where a person subject to enforcement has the ability to perform but does not perform the obligations set forth in effective legal documents, and has any of the following circumstances, the people's court shall include them in the list of judgment defaulters and give them credit punishments in accordance with law: 1. Obstructing or resisting enforcement by means such as fabricating evidence, violence, or threats; 2. Evading enforcement by means such as false litigation, false arbitration, or concealment or transfer of assets; 3. Violating the property reporting system; 4. Violating the order restricting high consumption; 5. The person subject to enforcement refuses to perform on the enforcement settlement agreement without a legitimate reason; 6. Other persons who have the ability to perform but refuse to perform the obligations set forth in effective legal documents.

Article 2: The "Enforcement Notice" issued by the people's courts to the persons subject to enforcement shall clearly indicate the content of the risk warning regarding inclusion in the list of judgment defaulters. Where the person applying for enforcement feels that the person subject to enforcement has any of the untrustworthy conduct listed in article 1 of these Provisions, they may submit an application to the people's court to include the person subject to enforcement in the list of judgment defaulters, and the people's court shall make a decision after review. Where the people's courts find that the person subject to enforcement has any of the untrustworthy conduct listed in article 1 of these Provisions, they may also make a decision ex officio to include the person subject to enforcement in the list of judgment defaulters.

Where people's courts decide to include persons subject to enforcement in the list of judgment defaulters, they shall draft a written decision, and the written decision takes effect on the date it is made. The written decision shall be served on the parties in accordance with the methods of service of legal documents provided for in the Civil Procedure Law. Article 7: Where judgment defaulters meet any of the following circumstances, the people's courts shall delete their relevant information from the judgment defaulters list:

1. The obligations set forth in the effective legal documents have been fully performed; 2. An enforcement settlement agreement is reached with the person applying for enforcement, and the person applying for enforcement confirms that the performance has been completed; 3. Where the people's court rules to terminate enforcement in accordance with law.

Parents' untrustworthiness affects their children's misreading of the college department, which will affect the child's schooling? "Mom and Dad are included in the list of untrustworthy persons by the people's courts, and it is not easy to endanger the right to control their children's normal education. In this special reminder, many parents and students ensure that they understand the law, abide by the law, know the law, and do not believe or spread rumors.

Li Hang, a judge assistant to the Executive Bureau of the Beijing Municipal High People's Court, said.

The "Several Provisions on the Publication of Information on the List of Judgment Defaulters" and the "Several Provisions on Restricting High Consumption and Related Consumption of Judgment Defaulters" promulgated by the Supreme Court establish that the people's courts can adopt countermeasures to restrict consumption against judgment defaulters who have not enforced effective judgment documents to clarify their responsibilities; Where dishonest executors fail to enforce valid judgment documents to clarify their responsibilities, and there are circumstances such as violations of the asset reporting system or spending restriction orders, the people's courts should enter them into the list of untrustworthy persons.

Among them, the Several Provisions of the Supreme People's Court on Restricting High Consumption and Related Consumption by Persons Subject to Enforcement establish that after the implementation of countermeasures to restrict consumption, high consumption and purchases that are not essential for life and work are strictly prohibited, including "children enrolling in high-cost private schools". A lot of fake news is an incorrect explanation of this law and regulation. How to accurately understand the meaning of "high-cost private schools"?

Li Hang said that according to the requirements of the "Opinions of the Supreme People's Court on Further Strengthening the Concept of Good Faith and Civilized Enforcement in Enforcement Work", restricting the enrollment of the children of dishonest executors in high-fee colleges and universities means restricting their children's enrollment in colleges and universities that exceed the normal fee standards. When the court adopts this countermeasure, it should strictly verify in accordance with regulations, and must not endanger the right of the children of the dishonest executor to receive a normal education.

There is also information on the Internet that the bad credit of parents will also endanger their children's college. Lawyer Wang Weiwei, a partner of Beijing Zhongwen Criminal Defense Law Firm, said that the general bad credit generally refers to the judgment of the court as a dishonest executor. In addition, the definition of bad credit also includes the credit information of the People's Bank of China, such as the credit report of the People's Bank of China that is harmed by the overdue loan after taking a loan from the bank, and the information content of administrative licenses, criminal punishments and other violations recorded by the law enforcement department of the judicial department.

This kind of bad credit of parents can only endanger their children's college education under the premise of extremism. ”

Wang Weiwei said that the bad credit record caused by the blacklist of his parents' untrustworthy loans only endangers his personal credit and the other half of the bank credit, and is not easy to endanger his children's college. Even if the parents have administrative licensing records or criminal records, most of the prerequisites will not endanger their children's college education.