Research On The Credit Supervision System Of The Dishonest Debtor

The execution procedure is the end and the fruit of the civil procedure. As the superior force in the judicial procedure of the people’s court, the executive procedure is helpful to the maintenance of social justice and the purpose of the judicial procedure. From a certain point of view, the enforcement of the compulsory execution of the execution of the force makes the court’s ruling and other legal documents binding and authoritative. But for a long time, the implementation of the problem is still troubled by the Chinese judiciary and even the community’s problems. Creating complex factors of "difficult to execute", but the civil execution program is executed people evade, evade and resist the effective judgment or any other legal document implementation of this phenomenon, no doubt, is resulting in the implementation of the important reason to even main reason, severely restricted the development of the procedure. In view of this, promises to be the executor of credit supervision legal system should be established, the establishment of the legal system is not only related to the execution of a program is carried out smoothly, but also can effectively solve the problems of "difficult to execute" problem of our country has long, safeguard the interests of the litigants, highlighting the judicial authority of our country, also for China’s social and moral integrity system benefit.At present, our country in the aspect of legislation has defined some of the supervisory and disciplinary system and measures, judicial practice in the relevant authorities also actively explore and practice the promises to be executed credit supervision and punishment, but dishonesty in our country is executed credit supervision system still exist many problems and need to be improved. For example, the implementation of legislation is not perfect, the lack of unified law enforcement, the existing system and measures to further refinement, the social assistance in execution mechanism implementation is not enough, retrial light hold traditional ideas still exist and social lack of awareness of integrity. Therefore, it is necessary from China’s current legislation and judicial practice status of specific analysis to hinder China’s promises to be executed credit supervision system and improve the disorder, and reference to the foreign advanced legislation and the system concept, formulate corresponding measures to improve. From the legislative level, formulate a unified law enforcement, the existing legal provisions and judicial interpretation system classification, provides a complete implementation of a legal basis for the implementation of procedures and the supervision system of the debtor; from the system level, to further improve the credit list system, the system of property investigation, restrictions on Executive system and measures high consumption has a deterrent to dishonest debtor; from the social level, the implementation of social assistance in execution mechanism, common attack to mobilize the judicial departments, government departments, banks and other social sectors, the implementation of the linkage mechanism is formed in many aspects and fields of combating dishonesty; from the level of consciousness, strengthen legal advocacy and integrity and moral education, improve the citizens especially the participants in the proceedings of the legal awareness and moral values, to realize, as a qualified Citizens should not only abide by the law, and must abide by the honesty and credit ethics. The main subject of supervision by the people’s court, other social units and individuals to assist the supervision subject, from the legislation and practice, social external constraints and dishonesty is executed moral self constraint multiple angle of perfecting China’s promises to be executed credit supervision system, the lost letter the person subject to enforcement of credit supervision and punishment, protect the legitimate rights and interests of the other party, highlighting the judicial authority, safeguard judicial credibility.