Study On The Path Of Improving Dishonest Civil Debtor List System

After years of judicial practice and legislative research,China’s dishonest civil debtor list system has been continuously tested and improved,and its system has become increasingly large,covering all aspects of social production and life.The dishonest civil debtor list system in the broad sense studied in this article not only includes the entire process of the court’s decision to include,publish,correct and withdraw from the list,but also includes the disciplinary measures taken by administrative organs and authorized organizations based on the list issued by the court,as well as the application for relief and credit repair by dishonest civil debtors.In recent years,with the increasing intensity of joint social punishment,the central government and various localities have issued many laws,regulations and normative documents on the dishonest civil debtor list system,and "One dishonest civil debtor is limited everywhere" has been achieved to a large extent.Nevertheless,there are still cases in judicial practice that reflect the inadequacy of the dishonest civil debtor list system,and regional judicial data also show that the dishonest civil debtor list system is not operating as effectively as it should.Through a comprehensive analysis of China’s current legislation,judicial cases and data,as well as the relevant systems in Germany and Korea,the author has concluded that the dishonest civil debtor list system has four problems: "the scope of inclusion is too abstract,some procedures are not standardized,the application of legal norms is not uniform,and the remedial procedures are not sound",and has made four suggestions accordingly :the first is to limit the circumstances of statutory inclusion in the list;the second is to improve the approval,connection and withdrawal procedures of the dishonest civil debtor list system;the third is to unify the applicable standards of courts at all levels for the relevant provisions of the dishonest civil debtor list system;and the fourth is to improve the remedial procedures of the dishonest civil debtor list system.Improving the dishonest civil debtor list system is of great significance in effectively solving the difficulties of execution,realizing the standardization of execution and helping the construction of the social credit system.It is hoped that the research in this paper can make a modest contribution to the improvement of the dishonest civil debtor list system.