On The List System Of Dishonest Persons Subject To Execution

Civil execution is the final stage of civil procedure and the guarantee for effective legal documents to play their practical role.However,the problem of "difficult execution" is indeed a difficult problem that haunts the execution courts at all levels and the parties concerned.The person subject to execution is often unwilling to take the initiative to fulfill the obligations specified in the effective legal documents,and will not truthfully report all his property.However,due to the limitations of current technology and system,it is difficult for the court to find out all the enforceable property of the person subject to execution in the property investigation conducted in accordance with the authority of the court,and it is more difficult for the person applying for execution to provide clues about the property available for execution.The above reasons give the person subjected to execution a chance to evade the debt and resist the execution.In this case,the trust-breaking person name list system should be born.Since 2010,the Supreme People’s Court,the State Council and other departments have continuously issued relevant judicial interpretations and departmental regulations.In July 2013,for the first time in the form of judicial interpretation,it made specific provisions on the standards for inclusion in the list of persons subject to enforcement for trust-breaking,application for correction,deletion and other aspects.In March2017,the 2013 Judicial Interpretation was revised,refining,revising and adding the criteria,inclusion procedures,and accountability for violations of laws and regulations for being included in the list of trust-breaking.At this point,the list system of persons subject to enforcement for trust-breaking has developed into a relatively perfect system,which has become a powerful weapon to sanction persons subject to enforcement for trust-breaking,deter persons subject to enforcement to take the initiative to fulfill their obligations and alleviate difficulties in execution.The list system of persons subject to enforcement for trust-breaking has a solid foundation on the basis of legal theory and superior law,and it is based on judicial principles such as judicial openness,honesty and credibility.On the basis of the upper law is based on the Constitution of our country "Article 130" and "Civil Procedure Law" Article 255.The list system of persons subject to enforcement for trust-breaking has great practical value.Through three functions of punishment,guidance and deterrence,it has safeguarded the legitimate rights and interests of persons applying for enforcement and promoted the construction of social credit system.However,as a new civil procedure execution system,the list of persons subject to enforcement for trust-breaking is still in the period of correction,modification and perfection,and there are still many problems in the legal system setting and judicial practice.The main problem is that the nature of the list of persons subject to enforcement for trust-breaking is unclear.This fundamental problem has caused bad effects on the legal system,the remedy path,the style of documents,the identification procedure and other aspects.Secondly,the limitation of faithless person subjected to execution list and affiliated high consumption as the execution behavior of effect to the person subjected to execution,its scope of application and inclusion criteria should be strictly legal,but the current into the standard set out by the judicial interpretation is reasonable is questionable,and abuse of discretion in grass-roots court "faithless person subjected to execution list" alienation "the person subjected to execution list";The list system of persons subject to enforcement for trust-breaking also has some problems,such as the imperfect relief mechanism for listing acts on the list of trust-breaking persons.This article will focus on these problems,in order to promise the person subjected to execution list system properties and the relationship with the current legal system,the relief path,the inclusion criteria,clerical style,review of aspects such as the application of the current regulations for fundamental key,in the judicial practice of many non-standard error operating as a starting point,combining the views of the academic circles all the experts and scholars suggested and the author in the civil execution practice in the acquisition of little experience,to promise the person subjected to execution questions made a list of system properties and puts forward some opinions and Suggestions to perfect the system.One of the most important yes will breach the legal nature of the person subjected to execution list system is defined as a system of execution,the faithless list as execution behavior,so can be consistent with the existing civil litigation law embodies of dishonest person subjected to execution list system and can make the relief program with the current execution objection system of reconsideration good cohesion;In addition,the documents related to the list of persons subject to enforcement for trust-breaking should be changed from the style of the written decision to the written decision.To formulate a more reasonable standard for the identification of the person to be executed in order to solve the situation that the current system is actually executed in one size fits all.