Research On The Protection Of The Rights Of The Children Of Dishonest Persons Subject To Enforcemen

According to the work report of the Supreme People’s Court in 2023,in the national court’s summary data,more than 45.77 million cases have been accepted,more than 45.12 million executive cases have been successfully completed,and 9.4trillion yuan of cash have been effectively implemented since 2019.The disciplinary measures for dishonesty have formed a strong deterrent to the person who was executed by the dishonesty,and the people’s court included more than 8.06 million people in the list of dishonesty.The concept of goodwill implementation is deeply rooted in people’s hearts,and the judicial organs to promote the implementation work are more in line with the people’s expectations of social fairness and justice,and the protection of rights continues to move forward.However,there are still areas that need continuous improvement in the protection of rights in China.While the protection of the rights of children of dishonest persons subject to enforcement has not received much attention,it also faces deficiencies in the legal system and application of laws.This article not only safeguards the rights of the children of dishonest persons subject to enforcement,but also provides innovative ideas for the current situation of the protection of children’s rights of dishonest persons subject to enforcement.Specifically,this article is divided into four parts to discuss the rights of the children of dishonest persons subject to enforcement.The first part expounds the theoretical foundation for the protection of the rights of children of defaulted executors,clarifying the concepts of the rights of dishonest persons subject to enforcement and their children,and clarifying the scope of the rights of children of defaulted executors;clarifying the theoretical support of the right to children of defaulted executors,covering the implementation of goodwill implementation,fully guaranteeing human rights,and implementing the rights.The second part is to carry out a survey on the current Status of guaranteeing the rights of children of defaulted executors and grasp the reality of guaranteeing the rights of children of defaulted executors.Distributing questionnaires to unspecified groups for data analysis and judgment,search for and sort out representative cases,and then summarize the negative impact on the rights and interests of the children of defaulted executors.The third part analyzes the reasons for the inadequate protection of the rights of children of defaulted executors in China.The joint consequences of the dishonesty punishment system have brought additional punishment and stigmatization to the children of dishonest persons subject to enforcement,such as additional punishment and stigmatization;there are defects in the credit restoration system,mainly manifested in inconsistent credit restoration and limited credit restoration of natural persons;There are shortcomings in the execution process,and the necessary living expenses and the only house are not reserved for the children of the dishonest person subject to execution.The fourth part puts forward suggestions for improving the protection of the rights of the children of defaulted executors.Improve the punishment system for dishonesty,including mitigating additional punishment and reducing collateral damage;improve the credit restoration system,recommend unified legislation for credit restoration,and explore the establishment of a personal bankruptcy system;Optimize the execution procedures,strictly apply the law according to law,and protect the children of defaulted executors to follow the necessary protection limits.