Research On Dishonest Debtor List System

In order to establish the credibility of the judicial authority and the establishment of justice, the people's court need not only to justice, but more effective judgment made by the people's court documents can be timely and completely fulfilled. But "the implementation of difficult" issue long plagued the implementation of the court and reduce the credibility of the judiciary hot issue. In 2013, the Supreme People's Court promulgated the "Regulations on the debtor list published promises to information"(hereinafter referred to as "a number of provisions"), promises debtor list system was born.Operation of this system to some extent, ease the "implementation of difficult" issue, but this paper based on the debtor dishonesty list system background, the theoretical basis of the elaborate, analyzes the status quo to run the system. We find that substantial growth in the number of people included in the list of the dishonest debtor appeared in 2015, since its growth is due to the people's court at the time of application of the system the expense of the debtor's ability to fulfill rigorous review. Therefore, we believe that dishonesty debtor list system in the implementation process has alienated debtor list system. Further analysis of the system there is severe running judicial environment, to protect the basic rights of the debtor's imperfect. In this paper, empirical analysis and comparative analysis methods, in-depth analysis of dishonest debtor list system problems and their causes, based on the debtor list system of dishonest debtors roster system with Germany, South Korea, the debt does not fulfill person list system comparative analysis, and then perform an optimization dishonest debtor standard definition capabilities, strengthen the qualification dishonest debtor, debtor's dishonesty perfect defense program, establish a monitoring mechanism to run the system, improve the system operating environment and other remedies. Hope for bad credit debtor list system to standardize and improve benefit.The first chapter introduces the background and rationale for dishonest debtor list system generated, reveals that the system is in the people's court "execution difficulties" background formation and establishment of its theoretical basis including "Do not abuse the right to privacy theory ", " assist in the implementation of the principle " and the " principle of good faith ";The second chapter of the empirical analysis through operating system overall, think there is neglect of the debtor's ability to fulfill the review, the judicial system run grim environment, protection of the basic rights of the debtor's dishonesty debtor imperfect system, and reasons for these problems were analyzed separately;The third chapter through the roster system in Germany and South Korea debtor does not fulfill obligations to inspect that the person list system: on the one hand, Germany and South Korea debt debtor roster system does not fulfill all its person list system whether the debtor's ability to fulfill the standard will distinguish into two categories, so that the different enforcement measures applicable; on the other hand, Germany and South Korea debt debtor roster system does not fulfill person list system are more emphasis on the protection of the basic rights of the person concerned. These two points is worth our reference list system promises to be executed;The fourth chapter proposes should strictly apply dishonest debtor list system boundaries, improve the protection of legitimate rights and interests of the debtor mechanism and improve the judicial system environment running of these three recommendations to improve and learn from administrative penalties in administrative counterpart has right to be heard, make promises to build defense mechanisms dishonest debtor in the debtor list system;The fifth chapter is the conclusion, this article wishes to initiate a study of dishonesty and standardize the system to make the debtor modest.