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

Safeguarding the rights of the person subjected to enforcement of dishonesty refers to the fact that the enforcement personnel cannot take disciplinary measures that harm the basic human rights of the person subjected to enforcement during the process of punishing dishonesty,and the legitimate rights and interests of the person subjected to enforcement of dishonesty should be appropriately protected.The article analyzes the current legislative status and judicial practice of the protection of the rights and interests of the dishonest person subjected to execution,summarizes the problems existing in the specific legislation and practice of the protection mechanism for the rights of the dishonest person subjected to execution,and proposes specific improvement measures.The first chapter is an analysis of the basic issues of the protection of the rights of the person subjected to execution in breach of trust.Firstly,it analyzes the concept of the person subjected to dishonest execution,and explores the connotation and extension of the person subjected to dishonest execution from two aspects: the definition of the person subjected to dishonest execution in existing legal norms and the provisions on special groups that should not be included in the dishonest list.By comparing the differences and connections between the person subjected to enforcement of dishonesty and the person subjected to enforcement,as well as the restricted high consumption personnel,the diversity of disciplinary measures taken against the person subjected to enforcement of dishonesty is highlighted,laying a foundation for safeguarding their legitimate rights.Secondly,from a theoretical perspective,it introduces the basis on which the rights of the person subjected to enforcement should be guaranteed,including: balancing the exercise of public power with the protection of private rights;The importance of the principle of proportionality in implementing disciplinary measures against dishonesty;The rights and status of creditors and debtors should be equal,and the realization of the interests of creditors should not be unduly infringed upon.Finally,the research on the migration of the protection of the rights of the dishonest person subjected to execution is to clarify the specific rights of the protected dishonest person,including the right to personal dignity,personal freedom,socio-economic rights,and procedural rights.The second and third chapters comb the current situation of the protection of the rights of dishonest defendants from the perspective of the existing system and the practical exploration of various local courts,as well as the phenomenon of improper infringement of the rights of dishonest defendants that still exists in the system and practice,specifically: the protection of the rights of dishonest defendants has not formed a systematic system;There is a lack of hierarchical and classified punishment for those who violate their promises,and the refinement of disciplinary measures should be achieved;Lack of necessary supervision procedures for disciplinary measures against dishonesty;The most important thing is that there are still unreasonable aspects in the standards for identifying the person who has been executed due to dishonesty;Improper extension of joint disciplinary measures for dishonesty.The fourth chapter responds to the problems that arise in the system and practice and attempts to propose a plan to protect the rights of the person subjected to dishonesty from three perspectives: institutional ontology,normative implementation,and relief supervision.In terms of system,it is necessary to establish a unified enforcement law;Establish a hierarchical and classified punishment mechanism for dishonesty to achieve targeted punishment for dishonesty;Establish a credit repair mechanism for dishonest information to ensure the normal life of dishonest people after completing the contract;At the level of normative implementation,it is first necessary to standardize the criteria for defining the person subjected to dishonesty,redefining the person subjected to dishonesty from both objective and subjective perspectives,including the property investigation mechanism,the ability to generate income through labor,and the expression of intent or behavior for malicious noncompliance;Secondly,it is necessary to strictly restrict the application of joint punishment;And flexible implementation of disciplinary measures against dishonesty.Finally,it is necessary to strengthen the regulation of the relief channels for the victims of dishonesty when their rights are damaged,and the supervision of disciplinary measures against dishonesty by the courts,procuratorates and people’s organizations.