Research On The Credit Disciplinary System Of Dishonest Debtor

Difficulty in enforcement is a "big problem" in the process of judicial reform in our country.The main problem in enforcement work is that the person subject to execution evades execution and avoids execution.The improvement of the credit punishment system for the dishonest person subject to execution in our country is related to the interests of the parties in winning the case.realization and maintenance of judicial authority.As an important part of the construction of the credit system,the construction of the credit punishment system for dishonest persons subject to enforcement must clarify important concepts related to the system,clarify the legitimacy of credit punishment for dishonest persons subject to enforcement,measure the limits of credit punishment and follow the proportions Principles and the principle of irrational relationship forbiden,improve the credit disciplinary measures and disciplinary procedures in the main components of the system,achieve the purpose of disciplinary action,and avoid infringing on the legitimate rights of the subject being punished.The legal origins of our country’s credit disciplinary system for dishonest persons subject to enforcement are distributed in laws,judicial interpretations,departmental regulations and other normative documents,with judicial interpretations and departmental regulations being the majority.According to the content of the current legal norms,the credit disciplinary system is subdivided into a property investigation system,a list of dishonest persons subject to execution,and a joint disciplinary system.The disciplinary measures and disciplinary procedures of the credit disciplinary system are scattered in the above systems.Combining the data released by authoritative agencies and typical cases,systematically sorting out the legal norms of credit punishment and their current practice,it is found that there is a lack of social credit legislation in our country,and the legal basis for credit punishment is of a low rank.It is scattered in various legal norms.As a result,the enforcement basis of the courts in various places is messy,and a unified standard cannot be formed in the application,and the operation of the system is seriously affected.There are also deficiencies in the various components of the credit punishment system,including: the criteria for identifying dishonest persons subject to enforcement are unclear,and the property investigation system is difficult to implement,which directly escalates the difficulty of identifying dishonest persons subject to enforcement;publishing information on dishonest persons subject to enforcement The methods and contents are not standardized,the setting of credit disciplinary measures is unreasonable and violates the principle of proportionality in the narrow sense;the credit disciplinary procedures are poorly connected and the exit procedures are not perfect;the procedures for safeguarding the legitimate rights of the disciplined subjects are lacking.All of the above problems affect the functioning of the credit disciplinary system for dishonest persons subject to enforcement,which in turn leads to obstruction of enforcement work,and there is a long way to go to solve the problem of "difficulty in enforcement".To this end,my country needs to improve the credit punishment system for dishonest persons subject to enforcement,and apply the principles of proportionality and due process to the entire process of credit punishment legislation,law enforcement,and justice,optimize the legal norms for credit punishment for dishonest persons subject to enforcement,and improve the legal level;Clarify the scope of the subject to be punished,and avoid wrongful punishment or omission of punishment;improve credit punishment measures,and set up or apply punishments of different severity according to different dishonest behaviors;standardize credit punishment procedures and protect the legitimate rights and interests of punished subjects.Only in this way can the effectiveness of the credit punishment system for dishonest persons subject to enforcement be maximized,and the expected legal and social effects of the credit punishment system can be realized.