A Study On The List System Of Persons Subject To Dishonor In China

The supreme people’s court’s solemn commitment to the people of the whole country is to "strive to make the people feel fairness and justice in every judicial case".Therefore,as the final link of the whole civil procedure in our country,the execution of the procedure directly affects the interests of litigants and the realization of the purpose of the lawsuit.In recent years,"difficulty in execution",as a long-standing problem troubling the work of the court,has caused serious damage to the parties’ legitimate rights and interests,and affected people’s trust in and expectation of the judiciary.In March 2016,zhou qiang,President of the supreme people’s court,set the goal of "" basically solving the problem of difficult implementation in two to three years " " during the two sessions.This is the inherent requirement for the people’s courts to meet the people’s growing demand for diversified justice and enhance judicial credibility.It is also a strong judicial guarantee for the people’s courts to complete the building of a moderately prosperous society in all respects and to realize the objectives of the "four comprehensiveness" strategy.In practical work,once the legal documents come into effect,if the executee fails to perform the prescribed obligations according to the legal documents,it will not only damage the legitimate rights and interests of creditors,undermine theconstruction of social credit mechanism,but also lead to the weakening of national judicial credibility and hinder the establishment and improvement of litigation mechanism.In this environment,the people’s courts in various regions have carried out continuous reform and innovation in the practice process,and actively explored a new path for the executees to take the initiative to fulfill their obligations,that is,to strengthen the enforcement of binding force by means of credit punishment.The way of credit punishment has also become the basis of the emergence and development of the list system of dishonest persons.In our country as early as in 2007 the newly revised "the civil procedure law," the establishment of a faithless person subjected to execution list system prototype,the preliminary set up the system for the execution of public credibility provides reference information about the person subjected to execution,provides ideas for resolving the plight of civil enforcement difficulty,also provide the basis for establishing the social credit system.The system of the list of persons to be executed for breach of trust is born from practice and has been verified for a long time.The original intention and end point of this measure is to safeguard the legitimate rights and interests of the parties concerned.But promise the person subjected to execution list system also involved the interests of both sides,and to maintain balance in the pursuit of lawful rights and interests of creditors at the same time,also need to balance the legitimate rights and interests of the debtor,by means of equivalent exchange to achieve the balance of the interests of both sides,avoid in the process of for lawful rights and interests of creditors,too much damage to the lawful rights and interests of the debtor.However,in the actual implementation process of this system,there is also a problem of infringement on the legitimate rights and interests of the person subjected to execution.The property right,reputation right,privacy right and labor right of the person subjected to execution have a significant adverse impact.Even if this is the adverse consequences of the previous non-fulfilment of obligations by the person subjected to execution,it should indeed be borne especially.However,from the perspective of human rights protection or legitimate legal interests protection,the person subjected to execution should not be punished too severely for his breach of trust in property.Secondly,the system of the list of persons subject to execution in bad faith has some problems such as unclear provisions on applicable standards,applicable procedures and relief procedures,etc.,which leads to the violation of fairness in protecting the lawful rights and interests of persons subject to execution.Rights need to be protected and torts need to be remedied.When the legal property right,personal right,reputation right and privacy right of the person who has been executed due to breach of trust is in danger of being infringed,the system needs to be improved and perfected to protect the lawful rights and interests of the person who has applied for execution and the lawful rights and interests of the person who has been executed from unnecessary damage.First of all,we need to improve the lawful rights and interests of the person subjected to execution security system in our country,dishonest person subjected to execution in the person subjected to execution is included in the list before the system gives the person subjected to execution right to defend oneself,refine the person subjected to execution to correct the provisions of the application process,perfect the supervision of the executor and dishonest person subjected to execution specification list information transmission channel of the ways to improve.Secondly,the applicable standards of the list of persons subject to execution in bad faith should be improved,and the identification method and definition criteria of the person subject to execution with "ability to perform" should be strictly enforced,so as to avoid the debtor who should not be included in the list.And the need for strict examination of the list of people included in the conditions,strive to do a lot of included in a dishonest person,not included in the error of any dishonest person.To sum up,the list system of the person subjected to execution for breach of trust plays an important role in alleviating the dilemma of "difficult execution" in China,but the protection of the lawful and legitimate rights of the person subjected to execution should not be neglected either.Only by constantly improving the list system of those who have broken their promises and protecting the lawful rights and interests of those who have been executed can we truly realize "let the people feel fairness and justice in every judicial case".