Research On Rights Protection Of The Person In The Dishonest Persons List System

Execution is the last link of the civil procedure.Whether the effective judgment is executed not only related to the judicial credibility of the court,but also affects the substantive rights.However,the problem of "difficult enforcement" has been bothering the winning parties and courts.In order to ensure the effective judgment documents are actually implemented in place,the Supreme People’s Court issued relevant regulations in 2013,and began to establish the system of the list of dishonest persons.After,it revised the system in 2017 and improved some of its contents.The list system of dishonest persons has a profound theoretical basis and system function,which plays an important role in forming a good social atmosphere.However,the theory is not equal to the practice,and there are many disadvantages in the practice of the system,especially the obvious one is too much attention to the punishment of the dishonest persons.In view of these problems,from the perspective of system setting itself,we can improve the punishment standard of dishonest behavior by refining the recognition standard of dishonest persons and managing their credit evaluation system by layers;from the perspective of procedure,we can improve it by regulating the entry and exit mechanism of the list of dishonest persons;in addition,we can limit the information regulate the dishonest behavior.The protection of the procedural relief right of the dishonest,and the reform of the risk delivery provisions of the list are also some feasible concrete measures.There must be relief if there are rights.When the rights of the person subjected to execution are infringed illegally,a corresponding relief mechanism that can be initiated according to the application of the parties and the functions and powers of the people’s court should be established to protect their rights.At the same time,when the legal rights of the dishonest person have been illegally infringed after examination,they should be given the right to apply for state compensation.The objective existence of this right can make the judiciary more cautious to judge the list of dishonest persons,promote the progress of the rule of law.Only by improving the system of the list of dishonest persons,the social public interests can the system play a more promoting role,which is also great benefit to the cultivation of social good fashion,the acceleration of social integrity construction,and the promotion of judicial credibility.