Research On The Protection Of Rights Of Persons Subject To Enforcement For Trust-breaking In Credit Punishment

The Credit punishment was first applied to punish the trust-breaking subjects in the market economy,which eliminated the serious trust-breaking enterprises and individuals from the position of market subjects by economic and moral means,so as to protect the practical interests of honest and trustworthy market subjects and consumers.Dishonest ACTS of market economy extends to perform field is characterized by that the person subjected to execution for refusing to perform obligations benefits greater than to perform its obligations,the interests consideration,the attempt to take advantage of loopholes of law,it has to perform ability refused to fulfill obligations specified in legal document,thus make the court execution work difficult and slow,it is not only harm the interests of creditors,It also undermines judicial authority and judicial credibility.In order to deal with the difficulty of execution,the state has introduced the list system of persons subject to enforcement for trust-breaking,in which the court announces the persons subject to enforcement who have the ability to perform but refuse to perform their obligations in the media,the Internet and the whole society,in an attempt to force the persons subject to enforcement to perform their obligations automatically by means of legal and public pressure.With the in-depth development of judicial practice,the system of credit punishment applied to the list of persons subject to enforcement for trust-breaking has formed the system of credit punishment for persons subject to enforcement for trust-breaking,that is,to carry out credit punishment for persons subject to enforcement for trust-breaking,further strengthen the crackdown on persons subject to enforcement for trust-breaking and compress the living space of persons subject to enforcement for trust-breaking.The credit punishment system for persons subject to enforcement for trust-breaking has indeed played a great role in the difficulty of enforcement,and the court’s case enforcement rate has been greatly improved.However,since the implementation of this system,the problem of insufficient protection of the rights of the subject can not be ignored.For example,in the process of implementing property enforcement,the problem of insufficient protection of property rights can not be ignored.Excessive exposure of information of persons subject to enforcement for trust-breaking leads to prominent protection of personality right;The restriction of the personal freedom of the person subjected to execution is not considered prudently;The procedural rights of the person subjected to execution are not guaranteed.Based on the judicial practice of our country and combined with the knowledge learned,the article first introduces the connotation of credit punishment and the types of credit punishment of persons subject to enforcement for trust-breaking;Then from the aspects of property rights,personality rights,personal freedom rights and procedural rights,the protection boundary of the rights of persons subject to enforcement for trust-breaking is expounded.Then it analyzes the insufficient protection of the rights of the person subject to execution in the process of credit punishment.Finally,this thesis discusses the suggestions on improving the protection of the rights of persons subject to enforcement for trust-breaking in the process of credit punishment.It is hoped that through this study,we can provide superficial opinions for the legal cause of our country in the future legal practice.