A Study On The Limitation Of The Rights Of The Dishonest Executees

Since our country began to implement the system of the person who has broken his promise,with the joint efforts of all levels of organs and courts,the living space of the person who has been executed has become increasingly narrow,forming a situation of "blacklisting" and being unable to move forward.The implementation of this system not only effectively alleviates the phenomenon that judgments are difficult to be executed,but also improves the judicial efficiency and protects the legitimate rights and interests of creditors better.It is also of great significance in improving China’s judicial status and perfecting China’s credit system.However,during the implementation of the system,there are also a series of problems such as insufficient awareness of the protection of the rights of dishonest enforcers,absence of certain legal basis,unclear screening procedures for restricted objects,imbalance between restrictive measures and the degree of dishonesty,lagging mechanism of withdrawing from the dishonest list,and other procedural and substantive errors such as wrong inclusion of the opposite party who should not be included in the list,too strict disciplinary measures,loss of fairness,etc.,resulting in infringement of the rights of some dishonest enforcers.In modern society,credit investigation concerns everyone’s credit standing and affects all aspects of work and life.As a more severe punishment method for dishonesty,it is necessary to ensure the fairness of the procedure,the rights and interests of the applicant,as well as to protect the legal rights of the enforcee and coordinate the relationship between the three.This paper uses the methods of literature analysis,normative analysis,comparative study,etc.,based on the existing system and legal provisions,and on the basis of previous theories,to draw lessons from them,to construct some theoretical basis for the theme of the article,to summarize the concept and characteristics of the person who has broken his promise,and to demonstrate the theoretical rationality of the restriction of the rights of the person who has broken his promise.Based on the analysis of the implementation status of the rights restriction of the dishonest enforcee in China,the problems existing in the rights restriction of the dishonest enforcee in the emergence stage are raised.Through a brief introduction to the setting and content of relevant extraterritorial systems,and a simple comparison with China’s systems,several contents with referential value are summarized.Finally,from the perspective of principles,system content setting and procedure perfection,this paper puts forward some substantive and methodological suggestions that are beneficial to the perfection of the rights restriction theory,such as implementing the basic theory of the rights restriction of dishonest enforcees,establishing the scope of inclusion in the list of enforcees,limiting the information disclosure content,clarifying the selection criteria of restriction methods,perfecting the withdrawal mechanism,optimizing the relief channels,etc.