Research On The List System Of Dishonest Persons Subject To Execution

The Supreme People's law of 2013 established the list system of dishonest persons to be executed,which is one of many credit disciplinary measures in China.Because of its special mechanism and rigorous logic,it fully embodies the rational spirit of the rule of law,and thus plays an important role in many measures to solve the implementation problems.However,the confrontation between public power and private rights will inevitably occur in the process of execution.The private subject has a natural weak position in front of the public power,which inevitably leads to the imbalance of private subject's interests and concession to the public interest.In addition,the conflict of interests between private subjects will also run through the whole execution process.How to balance the conflicts among the public interest,the interest of the applicant and the interest of the dishonest person is an important issue that can not be ignored.The operation of the system has played a positive and effective role in solving the problem of difficult execution,but practice has also proved that in reality,the measures taken by the public power go beyond the necessary limit,resulting in the basic rights of the person who is dishonest and has to make unreasonable concessions,resulting in the imbalance of rights and obligations.Therefore,we need to improve this system from the perspective of protecting the basic rights of the dishonest person to make it run orderly on the track of the rule of law.This paper is divided into five chapters.The first part is the introduction,which introduces the research background and significance,the research status at home and abroad and the research methods used;The second part is an overview of the list system of dishonest persons,including the connotation,significance and the legal basis behind it;The third part introduces the current situation of the implementation of the list of dishonest persons;The fourth part introduces the problems existing in the implementation of the system;The fifth part puts forward the corresponding suggestions for the problems mentioned above,hoping to contribute to the continuous improvement and maturity of the list system of dishonest persons.