The Research On The Personal Information Disclosure System Of The Dishonest Executor

Civil execution,as the final procedure of the whole civil procedure,directly affects the realization of the interests of litigants.For a long time,the difficulty in enforcement has always been a problem.In practice,the person subjected to execution refuses to fulfill obligations specified in the legal document,not only damage the interests of the creditors,but also seriously hindered the authority of the law,the more serious damage to the construction of social credit system.In such a context,the people's courts around the country are constantly grope for innovation and change the execution idea,and announce the information of the executors as the means of execution on the basis of practice.In 2007,the list system of the person who was executed as an executor was officially confirmed by the civil procedure law of China,and the publication of a series of legal normative documents,such as several provisions on the disclosure of the list of people who were executed by the person subjected to execution,provided a clear operational basis for the disclosure of the information of the person who was executed in practice.Under the action of this implementation,many people who have lost faith have voluntarily come to the court to fulfill their obligations under the effective legal instrument,and the problem of difficult implementation has been alleviated.However,the information disclosure system of the discredited executor is not perfect in a short time,and it needs to be perfected through constant practical experience.At the normative level,it still has the idea of "power based" in the concept of law,and the awareness of civil rights protection is relatively weak.the legal system is not perfect.At the same time the subject is inappropriate,the term is unreasonable,the exit condition is too strict.And there are problems such as the open mode and content of the application of the law,the non-standard of the starting procedure.At the level of relief and supervision,there are some problems such as remedy procedure is not detailed,the judicial compensation standard is unclear,and lack of necessary supervision is lacking.It has created a certain degree of uncertainty about the application of the program,which is not a good punishment and a guiding effect,and there is an inappropriate violation of the personal information rights,privacy,reputation,and reputation of the executor..It has created a certain degree of uncertainty about the application of the program,which is not a good punishment and a guiding effect,and there is an inappropriate violation of the personal information rights,privacy,reputation,and reputation of the executor.In order to ensure the timely realization of goals,"basically solve the difficult to execute" resolutely overcome difficult disease,on the one hand,the problems can be solved through further specification and judicial application level.On the one hand,we can refine and perfect the procedures in the implementation process and the supporting mechanism by further solving the problems of the standard and judicial application level,and increase the punishment of the people who have lost the trust,so as to help build a sound social credit system.On the other hand,it is important to understand the background of big data era correctly,adhere to the concept of right standard,and grasp the principle of proportion principle,we should not neglect the protection of legitimate rights and interests of people who have lost their faith.