A Study On The List System Of Breach Execution In China

Civil execution,as the final procedure in the whole civil procedure,directly affects the gains and losses of the interests of litigants.For a long time,the problem of civil enforcement is difficult for all localities and people’s courts to break through.In practice,the executor refuses to perform the obligation of the legal instrument,which damages the legal rights and interests of the creditor,and seriously hinders the construction of the social credit system,which challenges the credibility of the judicial system and is not conducive to the healthy development of the litigation system.In this context,the local people’s courts in practice on the basis of continuous exploration and innovation,and ultimately find a way through the credit discipline deterred by the performers to fulfill their obligations of the "new way" for the dishonesty was the implementation of the birth of the list system And development has accumulated valuable theoretical and practical wealth.In 2007,the list system of dishonesty executor was established as a kind of executive procedure by China’s"Civil Procedure Law"’ which provides a clear legal basis for disclosing the information of executors in practice,and points out the direction for solving civil problems,But also for the construction of social credit system laid the foundation.The basis of the system from the accumulation of theory,the list of people who perform dishonesty system is nothing more than this.As one of the measures of civil enforcement,the list of dishonesty bearers has thoroughly implemented all the principles of civil enforcement,and has always adhered to the principle of honesty and credit by comprehensively safeguarding the lawful rights and interests of the parties and has adopted the principle of combining compulsory education with compulsory education.Implementation of the concept,as far as possible to promote the implementation of efficiency.In terms of system value,from the perspective of the interests of the parties balance,the dishonesty is the implementation of the list system is the realization of the legitimate rights and interests of creditors under the premise of the interests of the debtor of an exchange.This equivalent exchange is the protection of the legitimate interests of both parties,both to achieve the legitimate rights and interests of creditors,the debtor did not cause the interests of other than the statutory impairment.The system of dishonesty be implemented by the list of the principle of fairness for the parties to provide a good balance mechanism to achieve the legal effect of both interests.From the perspective of the construction of social credit system,the list system of dishonesty bearers is closely related to the construction of social credit system and interdependence.The list of defaulted performers plays an important role in the evaluation of the social credit and the improvement of the whole social credit system.On the present situation,China enacted a series of systems and measures to strengthen the punishments of the executors of the dishonesty.In practice,the local courts have also innovated the system according to local conditions.However,the development of the system is not achieved overnight,the shortcomings of dishonesty by the implementation of the list system has become increasingly prominent.There are many shortcomings in the system construction and in the concrete practice,for example,the legal system of the system has not yet been formed,the system construction is imperfect,the execution mechanism is not running smoothly,the existing legislative provisions are missing,Maintenance,etc.,which are seriously affected the performance of the system of the performance of the list of people who fail to perform the greatest play,contrary to the original intention of legislation.Therefore,it should be from the system construction and the specific practice of the courts around the two aspects,the plight of the system facing the "point" of the corresponding solution,for example,through the development of enforcement law,improve the system construction,construction assistance mechanisms to ensure The legal rights of the executors and so on,so as to promote the development and perfection of the list system of dishonesty executors in our country so that the dynamic role can be exerted to the extreme.In addition,the system of the list of defaulted performers in our country can also draw lessons from the advanced concepts of the foreign related systems,that is,by comparison with the system of non-performance of debtor list in Korea and the list system of debtors in Germany,The procedure of "express property" in the debtor list system of Korea and the "oath swearing" procedure in German debtor list system are introduced into the domestic.