Research On The Protection Of The Rights Of The Untrustworthy Enforced Person

The protection of the rights of persons subject to enforcement for trust-breaking means that the enforcement personnel should not take enforcement measures that damage the basic human rights of the execution personnel in the process of implementation,and should properly protect their legitimate rights and interests.The prerequisite of researching the rights protection of dishonest persons subject to execution is to clarify the content scope of the rights protection of dishonest persons subject to execution.Currently,there are mainly personal dignity,social and economic rights,personal freedom,and the right to seek relief.The theories of the system are accord with the legislative intent of respecting human rights and the legitimacy of execution procedures,and have a legitimacy basis.The protection of the rights of persons subject to enforcement for trust-breaking in China is mainly faced with the following problems,inclusion of mistakes,irregularities in the content and method of publishing untrustworthy information,defects in the forgetting mechanism,and lack of applicable standards for the application of the joint mechanism,which further leads to the personal information and privacy rights of dishonest persons subject to enforcement in my country.Personal dignity such as the right to reputation,the right to employment,the right to property and the right to education and other social and economic rights,personal freedom,the right to participate and the right to seek relief have all been violated to varying degrees.The reasons for the above dilemma are as follows,first of all,the mechanism for incorporating the information of the dishonest person subject to execution is not standardized,the role of the property reporting system is overemphasized,and the investigation by the court is insufficient,resulting in damage to the property and reputation of the dishonest person subject to execution.The second,there are no strict standards for the way and content of the list of dishonest persons subject to execution.Courts at all levels,especially grassroots courts,publish information on dishonest persons subject to execution in various forms and styles,failing to adequately protect the individuals of dishonest persons subject to execution,information and privacy rights.Thirdly,the withdrawal mechanism of trust-breaking information list has great limitations in application.On the one hand,the period for dishonest persons subject to enforcement to be forgotten is relatively long;on the other hand,there are defects in the forgetting mechanism within the court,which also leads to undue infringement on the rights of the dishonest person subject to execution,resulting in many undue losses.The fourth is to take the punishment method of joint and several liability for the dishonest person to be executed,but there is no strict applicable standard for the adoption of joint and several liability,resulting in the employment rights of the children of the dishonest person subjected to execution,social and economic rights such as the right to development are affected.Finally,when the rights of the person subject to trust-breaking are damaged due to the fault of the executing subject,the relief method entrusted to the trust-breaking subject is relatively simple,namely relief and supervision.Faced with the problems arising from the protection of the lawful rights of the dishonest persons subject to enforcement,it is necessary to explore and improve the path based on the mature enforcement systems of foreign countries to ensure that my country’s enforcement behavior follows the basis of legitimacy.First of all,the improvement of the mechanism is included,the property of the dishonest person subject to execution is clearly classified,the standard for the dishonest person subject to execution to be included in the actual dishonesty list is clarified,and the application of the property reporting system is continuously improved;at the same time,the use of the "forgotten" mechanism is regulated,and the period of forgetting is strictly limited,and increase the supervision of the untrustworthy people who are forgotten by society after fulfilling their obligations.Secondly,standardize the content and method of publishing information on dishonest persons subject to enforcement,limit the content of dishonest information published,and reduce the leakage of sensitive information;set standards for the way of dishonest information publication;the concept of good faith and civilized law enforcement.Then,strictly limit the application of disciplinary measures of joint and several liability for dishonesty,clarify the applicable boundaries of joint and several disciplinary measures,and initiate information shielding procedures with the help of smart courts to protect legitimate rights such as the employment rights and social development rights of the children of dishonest persons subject to enforcement.Finally,it is necessary to continuously improve the relief mechanism,strengthen the construction of credit restoration,and strengthen the internal and external enforcement supervision procedures,hoping to be beneficial to the development of the rights protection system for dishonest persons subject to enforcement in our country.