Research On Dishonest Debtor List System In China

The difficulty of enforcement is always a difficult problem faced by courts all over China.The failure to realize the interests of enforcement not only does not satisfy the legitimate rights and interests of the person applying for enforcement,but also damages the trust among the members of the society.In order to solve the problem of "difficulty in enforcement",courts at all levels have changed their enforcement concepts,actively explored new enforcement methods,and through implementing measures to make public the information on the list of persons who have been executed in breach of trust,so that the persons who have been executed in breach of trust will be punished for breach of trust,in order to urge it to fulfill the obligation of the effective judgment document voluntarily.The Information System of the list of the person who has been executed in breach of trust is a sharp weapon to resolve the civil "difficulty in execution",but the system itself is also irregular and arbitrary,and in practice there is a hidden danger of infringing upon the lawful rights and interests of the person who has been executed,therefore,the system should be improved to better realize the interests of civil enforcement.Based on the analysis and interpretation of the connotation,theoretical basis and current regulations of the Information System of the list of discreditable persons to be executed,through data collection and case study,and on the basis of comparing the relevant systems outside the country,to the system in the judicial practice of the problems in the operation of the way to improve.In addition to the introduction and conclusion,the full text includes four chapters.The first chapter is the summary of the system of the list of the person who has broken faith.This chapter first explains the concept and characteristics of the breach of trust executor,and then leads to the system of the list of the breach of trust executor.Secondly,the author analyzes the function of the system of the list of the person who has been executed in breach of trust,and points out that the establishment of the system is helpful to break the difficult situation of execution,promote the credibility of judicature,and promote the construction of social credit system.Finally,it analyzes the theoretical basis of the system of the list of the person who has been executed in breach of trust,and discusses its theoretical justification.The second chapter first introduces a series of provisions of the current law on the system of the list of the person who has lost his trust,then,it collects the newly added and withdrawn data of the defaulting defendants in the national courts and the information of the list of defaulting defendants published by the Hubei Provincial Intermediate People’s Court,supplemented by the analysis of relevant cases,so we can understand the problems of the system in practice.These problems include: the disunity of the record of the discreditable person,the nonstandard disclosure of the information of the discreditable person,the lack of the corresponding supervision procedure and so on.Chapter three,the extraterritorial investigation and enlightenment of the system of the list of the person who has been executed in breach of trust.The purpose of this chapter is to compare the different regulations and operation modes of the debtor’s name book system between Germany and Korea,and to sum up some useful experiences,make the system of the list of the person in breach of trust more perfect.The fourth chapter,consummates our country break faith to be executed the list system,first of all,should establish the break faith to be executed the list system the special principle,guarantees the person’s basic rights fully.Secondly,put forward specific measures to improve.This includes: improving the applicable standards and verification methods of "ability to perform",standardizing the disclosure ways and contents of discreditable information,enriching the removal procedures of the list of discreditable persons,optimizing the relief procedures of the discreditable persons subjected to enforcement,and strengthening the supervision of the system of the list of discreditable persons subjected to enforcement.Finally,supplemented by supporting measures to improve.