Criteria For Inclusion Of The List Of Dishonest Defaulters

The criteria for the inclusion of the list of dishonest defaulters is one of the core of the list system of the dishonest defaulters,as well as a booster for the smooth implementation of civil execution.To establish a reasonable criterion for the inclusion of the list of dishonest defaulters requires both sufficient theoretical support and rich experience in judicial practice.The reasonable criteria can not only give full play to the maximum utility of the system of dishonest defaulters,but also solve the problem of "difficult enforcement" under the protection of the legitimate rights of the defaulters.The criteria for the inclusion of the list of dishonest defaulters were first stipulated in the provisions of the Supreme People's Court on the disclosure of information on the list of dishonest defaulters(hereinafter referred to as "Several Provisions")in 2013,and Several Provisions were revised in 2017.With the deepening of judicial practice,the list system of the dishonest defaulters still exposed many problems,especially,there are many difficulties in the operation of the criteriaThis article explores the impact of the enforcement of value orientation,the theory of the dishonest defaulter list system and the property reporting system of the defaulters for the operation of the criteria of the list of dishonest defaulters,summarizes practical experience and draws lessons from the mature foreign similar systems,and puts forward effective countermeasures to solve the problems that are the understanding and applying of the criteria.Specifically,there are the following points:First,it is recommended to exclude the defaulters who have no property from the scope of inclusion,so as to cope with the problem of arbitrarily expanding the scope of the list of dishonest defaulters.Second,it is suggested to improve the property reporting system to improve the ability of the court to investigate the defaulters,and at the same time,adopt the presumed defaulter's "ability to perform" as a supplement,to solve the difficult situation of the current "ability to perform judgment standard.Third,it is proposed to adjust the application period to solve the problem of unreasonable application period.Fourth,it is suggested to establish and improve the supervision mechanism,and urge the judge to apply the criteria for inclusion in the judgment criteria of the defaulter,in order to solve the problem of whether the defaulter should be included in the list of dishonest defaulters.