Research On Dishonest Debtor System

In recent years,to effective address the “difficulties” in civil execution,China has established the system of list of discredited people subject to execution.The Supreme People’s Court has published Provisions on Announcement of the List of Information of Discredited People subject to Execution(hereinafter referred to as the Provisions).The system served to include people subject to execution who had the ability to but failed to fulfill their obligations,or made excuses to avoid or resist the fulfillment of obligations established by effective judgments into the list of discredited people subject to execution upon the applicants’ claim to the court or by the court in accordance with its authority.Under the dual force of public opinions and certain restrictive measures,interested parties included in the list would be forced to fulfill their obligations on their own initiative,thus promoting the effective and smooth implementation of court’s executive work.In practice,the system has found wider and wider application.It has been proved that the system played a positive role in facilitating the effective performance of civil execution.This paper consists of five parts:Part One: An overview of the system of list of discredited people subject to execution.By raising a question,the author explained the background of the system from the perspective of the purposes of the establishment of the system.After that,the author described its theoretical support,i.e.the principle of good faith,the thought of equity and justice and the principle of all-round protection of legitimate rights and interests of interested parties.Part Two: Discussion on the legislation of and problems in the system of list of discredited people subject to execution in our country.In this part,the author mainly introduced subjects to whom this list was applicable,application procedures of the list,the content and form of publishing of the list,list deleting and remedies to the rights of the people subject to execution;on such a basis,the author looked into current legislation of the system.Next,the author explored problems in the legislation of the system,focusing on limited subjects of application,lacked rating of discredited behavior and insufficient remedies.Part Three: Current practice of the system of list of discredited people subject to execution and problems therein.Firstly,the author set forth results achieved since the implementation of the system.Secondly,the author analyzed problems existing in the operation of the system,of which the non-standard methods of information disclosure,the hobble supporting mechanism,rather weak punishment,inconsistent deletion of information of discredited people subject to execution and other problems in practice were highlighted for further discussion.Part Four: Comparison with and learning from systems of list of discredited people subject to execution overseas.Firstly,the author introduced the system of book of debtors in Germany and analyzed its advantages,followed by an introduction of the list of defaulters in Korea.In the end,by comparing the two,the author drew lessons and inspirations therefrom for better practice of the system of list of discredited people subject to execution.Part Five: Reflections on further improvement of the system of list of discredited people subject to execution in our country.By looking into the applicability of the system,the author proposed suggestions for system improvement,including: provide a strict scope of application of the system,enhance its deterrence,reinforce supervision of the system,develop all-round remedies,etc.