Research On The Protection Of The Rights Of Dishonest Execution

The implementation of the punishment system for dishonesty is of great significance to promote the court’s implementation procedures and maintain good social order.However,in the actual implementation process,there are still phenomena such as excessive punishment and abuse of public power,which seriously damaged the legitimate rights and interests of the person subjected to execution.Therefore,this paper analyzes China’s current dishonest credit punishment system,the legislative status of the protection of the rights and interests of the person subjected to execution,judicial practice and the content of credit information construction.This paper summarizes the problems existing in the specific legislation and implementation of the current dishonest person’s rights protection mechanism,and puts forward specific improvement measures for various problems by summarizing relevant foreign experience.The first chapter is the introduction.This chapter mainly introduces the research background and significance of the protection of the rights of dishonest Execution,summarizes the relevant foreign literature,forms a summary,and defines the scientific research ideas,scientific research direction and innovation of the paper.The second chapter is an overview of the protection of the rights of the person subjected to punishment for breach of faith.This chapter mainly defines the concepts of dishonest punishment and dishonest executed,expounds in detail the constituent elements of dishonest punishment and the identification standard of dishonest executed,defines the basic concepts studied in this paper,and expounds the theoretical basis of the unity of opposites between dishonest punishment and the protection of the rights of the executed on this basis.Chapter three is the punishment of trust-breaking and the protection of the rights of persons subject to enforcement for trust-breaking in China.In this chapter,empirical analysis is adopted to analyze the current situation of legislation on punishment for trust-breaking from both central and local data,and to make a detailed analysis of punishment for trust-breaking,relevant cases and administrative practices of persons subject to execution.The fourth chapter is the problems existing in the protection of the rights of dishonest Execution in China.Based on the empirical analysis of the previous chapter,this chapter summarizes the main problems faced by China in the protection of the rights and interests of dishonest persons from two aspects of legislation and Implementation: in terms of legislation,the dishonesty punishment system faces difficulties in legitimacy,the lack of clear and unified implementation legislation,and the problems existing in the connection between the establishment of social honesty management system and China’s traditional administrative law system;In terms of implementation,in the process of implementation,the protection of the legitimate rights of the person subjected to execution is ignored,the disciplinary principles are difficult to abide by,the way of implementation is not standardized,there is no sound dishonesty evaluation system and hierarchical disciplinary system,and there is a lack of effective supervision system and relief and compensation measures.Chapter five is the situation and enlightenment of the protection of rights of persons subject to enforcement for trust-breaking outside China.On the basis of clarifying the protection of rights of persons subject to enforcement for trust-breaking in China,This chapter mainly summarizes the debtor list system in Germany,the UK personal bankruptcy system,as well as south Korean debt defaulter registry system for protection of the rights and interests of the person subjected to execution of the relevant content,summarizes its standard disciplinary start the dishonest person subjected to execution,clear the contents of the protection of the rights and design can be available for reference in our country in personal bankruptcy system.The sixth chapter is the perfect way to protect the rights of persons subject to enforcement for trust-breaking.After summarizing the current problems in the protection of rights of persons subject to enforcement for trust-breaking in China,and combining the relevant experience outside China,the corresponding improvement path is proposed.Through perfecting legislation,breaking through the legal bottleneck of punishment for trust-breaking,establishing compulsory enforcement law,strengthening social credit legislation;Strictly stipulate the execution of trust-breaking punishment in the implementation of trust-breaking punishment process,and form a hierarchical punishment system;Introduce the right to be forgotten,and establish a sound supervision system,clear compensation measures.And thus to complete the protection of the rights of trust-breaking persons subject to enforcement.