On The Credit Repair Mechanism Of Dishonest Debtor

Credit restoration mechanisms for judgment defaulters play a major role in restoring the credit of untrustworthy entities and withdrawing from punishment for untrustworthiness.Under the guidance of the central file,the local people’s congresses at various levels and the standing committee are to make the local laws and regulations,credit repair will credit repair stipulated in the relevant contents of subject’s rights and interests,the various departments of the State Council within their respective fields also credit repair management measures,including tax field,the energy industry,market supervision departments,Local people’s courts have also formulated opinions on the implementation of credit restoration mechanisms specifically for dishonest persons subject to enforcement.Based on the promise of the person subjected to execution credit repair as a research starting point,in part to the court to develop credit repair the basis of the implementation opinions,summarizes the mechanism of the present status of the specification,including two aspects of entity and procedure,although some courts in the concrete implementation measures under the guidance of the central file,but some deficiencies still exist in general,For example,in the entity specification,there are some problems such as unclear application subject,unclear repair scope,different repair identification standards,and single repair method.In terms of procedural norms,there are drawbacks such as unestablished obligation of substantive review by courts,insufficient participation of relevant subjects in procedures,lack of disclosure system,and imperfect rules for handling objections.Secondly,the credit restoration mechanism for dishonest persons subject to enforcement will also have difficulties in the operation process.This paper proposes corresponding solutions according to the current normative status and operational difficulties of the mechanism to make the mechanism more perfect.