Research On The System Of List Of Dishonest Persons Subject To Enforcement

The fairness of the law needs to be expressed by judgments,and the authority of the law needs to be achieved through execution.For a long time,due to the importance of trail and the contempt of enforcement,the lack of social integrity awareness,and the low legal awareness of the people,the "enforcement difficulties"have not been effectively resolved.In July 2013,the Supreme People's Court issued the "Several Provisions on Announcement of the List of Dishonest Persons subj ect to Enforcement"and formally established the system of list of the dishonest person subject to enforcement.The system urges those who are dishonest to fulfill their judgment obligations by deterring and disciplining them.It can effectively solve the "difficulties of enforcement",has positive significance for the development of the country,society and people,and is also conducive to establishing judicial authority.However,during the operation,the system exposed some problems,especially the negligence of the basic rights and interests of the dishonest person subject to enforcement.This paper sorts out and analyzes the system of list of the dishonest person subject to enforcement from the perspective of the rights of them.In addition to the introduction,the article is divided into four parts.The first part starts from the establishment and development of the system of list of the dishonest person subject to enforcement.It is considered that the system is a disciplinary system and it has special characteristics which is to punish the person subject to enforcement through"posting their information to the public".Then,from the main content of the system,analyzing the damages that may be caused to the dishonest person subject to enforcement.The second part mainly analyzes the limitation of the damage to the rights of the dishonest person subject to enforcement by the system.Firstly,according to the above analysis of the system,the specific violation of the dishonest person subject to enforcement is summarized as the violation of the procedural rights,reputation rights and privacy rights.Then,according to the theory of derogation of right,the purpose and means of the system are clarified from the perspective of the principle of proportionality,the scope and method of disclosure that will be damaged to the reputation and privacy of the dishonest person subj ect to enforcement and a reasonable limit to the damage of human rights are defined.The third part mainly proposes to improve the system of list of the dishonest person subject to enforcement,in order to push the rights relief.In general,it is necessary to pay attention to the procedural rights of the dishonest person subject to enforcement,the restrictions on the entity's rights of the dishonest person subject to enforcement should be within the limits stipulated by the principle of proportionality,and at the same time as promoting the punishment of dishonesty,we must also attach importance to trustworthiness,so that those who are honest can get more convenience,this can also reduce the behavior of dishonesty and disciplinary punishment in the reverse direction,solve the"enforcement difficulties"and maintain the basic rights and interests of the dishonest person subject to enforcement as well.After that,specific suggestions are proposed from two aspects of the entity and the procedure to improve the system to achieve the protection of rights of the dishonest person subject to enforcement.The practice of credit punishment in the system is actually a step in the construction of China's social credit system.The good operation of the system depends on the completion of the credit system of the society.However,the construction of China's social credit system is still in its infancy.We can learn the advanced credit system of the United States,improve the credit legislation,establish a credit rating system,combine the traditional integrity ethics of our country with the contractual view of the American society,and promote the integrity value in the society.We hope that the public can establish a concept of honesty and sense of credit as early as possible.Under the perfect credit system,we can better protect the basic rights of the enforced person.This section will be fully discussed in the fourth part.All in all,the system of list of the dishonest person subject to enforcement is beneficial to the development of the country and society in solving "enforcement difficulties".However,the original intention of the system is to solve the enforcement problem,so the dishonest person subject to enforcement in the system design is on the weak side.We should not neglect the rights of the dishonest person subject to enforcement.When the means used by public power to achieve the purpose may infringe upon the basic rights of the dishonest person subject to enforcement,it must comply with the principle of proportionality,and the restriction of rights needs to control a reasonable degree.The improvement of the system of list of the dishonest person subject to enforcement also contributes to the development of China's social credit system.