| In judicial practice,the people’s courts have always faced the arduous challenge of "difficult enforcement".In order to solve the problem of “difficult enforcement”,the Supreme People ’s Court issued “Several Provisions on Disclosure of Information on the List of Entrusted Enforced Persons(2017Revision)”(hereinafter referred to as “Several Provisions”),“Restrictions on the High Consumption of Enforced Persons and Related Consumption A series of judicial interpretations and normative documents,including the "Several Provisions",have established a basic model of the system of the list of persons subject to dishonesty.However,in the current practice of dishonesty punishment,the dishonesty punishment mechanism presents a biased understanding of the legal nature of dishonesty punishment measures,the implementation of measures exceeds the limit,and suspected violations of the legitimate rights and interests of the executed person.It is biased towards the protection of the rights of the applicant and the pursuit of enforcement effects,neglecting the legitimate rights and interests of the person being executed,and from the perspective of achieving fairness and justice,it has the suspicion of "removing the east wall and filling the west wall".Once the current measures of dishonesty are implemented,the rights of the executed person are greatly restricted,which seriously affects the basic rights of the executed person.Therefore,it is necessary to improve the protection of the legitimate rights of the executed person and truly realize fairness and justice.In this paper,starting from the theory and practice,using empirical analysis and theoretical research,I hope to put forward some useful views on how to protect the legitimate rights of the people who perform the dishonesty.In the introductory part of the article,the author discusses the concept of entrusted enforced persons’ rights and the reasons and significance of the protection of the rights,sums up the research opinions on the legitimacy of the punishment for dishonesty,the boundary of the punishment for dishonesty,and how to protect the legitimate rights of the person subjected to the punishment for dishonesty.This paper introduces the research methods of this paper,and explains the discrimination and innovation of the nature of the punishment of dishonesty and the shortcomings.In the first part of the article,the author summarizes the relationship between entrusted enforced persons’ rights and the list system of entrusted enforced persons,including the development of the list system,the operation mode of the list system,and the specific specifications of the list system.This part expounds the background and value of the establishment of the list system from the perspective of logical relationship,and the impact of the implementation of the punishment of dishonesty on the dishonest person to be enforced in the legal norms.In the second part of the article,the author analyzes the problems of the list of entrusted enforced persons,which are mainly divided into several parts: the nature of the list of persons who are being dishonest,the specific operation problems of disciplinary measures against dishonest persons,the inner and external causes.Through theoretical analysis of the deviation between the nature of the measures and the positioning of the formulation of the punishment for dishonesty,this paper points out that the current punishment for dishonesty is the nature of the restrictive indirect enforcement measures,and expounds the internal and external problems in the aspects of unclear standards in the procedures,over limited execution in the punishment methods,inability to withdraw in the withdrawal mechanism,and single way in the procedural relief,which results in the loss of the rights of the dishonest person who is being enforced harm.In the third part of the article,the author discusses how to consummate the protection of entrusted enforced persons’ rights,suggest that we should correctly define the nature of the enforcement measures,clarify the value orientation of the enforcement measures,improve the specific norms of the restrictive enforcement measures,improve the right relief mechanism of the enforcement of the breach of trust,and build the credit restoration mechanism of broken trustees. |
