Rights Protection Of The Person In The Dishonest Persons List

In order to solve the problem of "Difficulty of efforcement",the Supreme People’s Court issued <Several Provisions of the Supreme People’s Court on Announcement of the List of Dishonest Persons subject to Enforcement>,established the dishonest persons list mechanism officially,which have achieved certain success,but the mechanism still have some problems,that need further studying and improving.The main problems are the following two aspects.Firstly,the dishonest persons list mechanism may infringe the person’s rights of privacy,reputation and property right.In order to protect the public interest,sacrificing parts of individual rights is feasible,this is a kind of right balance method,but the legislators and judicators should balance the interests strictly,and to avoid unnecessary damage.Secondly,the dishonest persons list mechanism also has limitations,which embodied in the exit mechanism’s long cycle and imperfect regulations.There are some solutions to solve these problems in procedure,controlling the entry and exit of the dishonest persons list strictly,specifying the standard for identification of the dishonest persons and decreasing the information of the dishonest persons and specifying the methods of dishonest persons’ announcement also can be the solutions.Once the person included in the dishonest persons list,his life will be significantly affected.Not all the person should be included in the dishonest persons list,so what are the characteristics the person in the dishonest persons list need to meet.They should be lacking honesty seriously and bringing great damage to the society,which requires to distinguish the degree of the credibility of the person subjected to execution.Where there is a right there is a relief,so when the person’s right was infringed,there should be corrective procedure to relieve.Corrective procedure can be started by the claimant and the court or procuratorate,then the court made the last decision after censor.Application for state compensation is also the right of people conferred by law.State compensation is also the last relief of the people whose right was infringed.If person be included in the dishonest persons list mistakenly,there would be personal injuries and property damages on the person,so it’s necessary to give the person the last right relief.The right conferred by law will indirectly urge the executor to identify the dishonest debtor discreetly,then it will promote the protection of human rights and advance the law progress.