Research On The Disciplinary System Of Dishonest Debtor

The act of dishonesty is not only a legal issue,but also a social issue.Rogues and scammers deeply reflect the fact that we are facing a serious lack of integrity in this era.Only by maintaining awe can we avoid illegal acts.Awe is rooted in the rule of law,and the rule of law stems from rules and good laws.Therefore,in the face of the problem of dishonesty,the disciplinary system of dishonesty is an inevitable path.However,China's current disciplinary punishment is not systematic.There is a contradiction in understanding between disciplinary and disciplinary authorities.Disciplinary laws are mutually exclusive,and disciplinary measures are too speedy to ignore legitimacy.These problems have become the bottleneck of the development of the disciplinary system of dishonesty in China.Law is the minimum morality and the bottom line of social norms.The legal authority is realized through the thorough execution of the fair judgment.Civil cases occupy the largest proportion of cases,and implementation problems are the most serious ailments in civil cases.Once a civil case enters the legal process,it means that the expected effect cannot be obtained in a conventional way,and it is also doomed that the case will encounter huge obstacles in the execution of the procedure.In general,the implementation of civil cases can be included as a problem of civil distrust.Except for those who are unable to perform their duties,the most punishable is the malicious untrustworthy who is capable of executing and refuses to implement.Such unbelievers are the object of punishment for the disciplinary system of dishonesty.This article is based on the implementation of the untrustworthy executors in civil cases.The article systematically expounds the disciplinary system of the untrustworthy enforced person from the theoretical support of disciplinary measures for dishonesty,the constituent elements of the disciplinary system of the untrustworthy executor,the case effect of the disciplinary punishment system and the institutional model of disciplinary punishment in China.This article is a progressive structure.The article discusses from theory to practice and finds problems in practice.Based on the advanced experience outside the domain,this paper proposes a perfect path in the system.The article is divided into five parts in the content:The introduction includes research summaries,research ideas,research methods and innovations.Based on the traditional research methods of honesty,we use moral,economic and legal theoretical methods to interpret the system of disciplinary punishment.This method can only prove that the untrustworthy behavior lacks a proper basis,but it has no practical significance to solve the problem of dishonesty.Combined with the hot case of disciplinary punishment,advanced disciplinary concepts will be more persuasive and practical if they can integrate the values of multiple disciplines.This paper combines the method of case and theory as the premise of the index and theory of the problem.The first part is the basic category of disciplinary punishment system.The part is a systematic introduction to the disciplinary system for dishonesty.It mainly introduces the integrity and distrust,the disciplinary punishment and its function,the disciplinary punishment in execution and the basic essentials of disciplinary punishment in different dimensions in the system connotation and theoretical support.Specifically it mainly includes institutional connotation,ideological origin,disciplinary system of different dimensions,disciplinary system of disciplinary punishment in the execution procedure and the function of disciplinary system.The second part is the legislative induction and practical analysis.It mainly introduces the basic status quo of the disciplinary system of dishonesty in China.The legislation focuses on the systematic review of documents of different natures and explores how to raise them into basic national legislation and put them into practice.In the practice of law,it mainly organizes the data on the relationship between disciplinary punishment and execution difficulties,and analyzes the function of disciplinary system in the typical case.This part mainly summarizes the legislative norms of different natures,and combing the relationship between implementation problems and disciplinary measures through empirical data and judicial data,combined with relevant typical cases.The focus of the study is the institutionalization of disciplinary actions by untrusted persons.The most direct manifestation of institutionalization is the establishment of a legal system.This article sorts out the disciplinary norms of the untrustworthy enforcer based on the different subjects of the legislation,and raises corresponding problems.We should reposition the legislative model of disciplinary punishment in China,combined with the status quo of China's legislation on disciplinary punishment,especially the flood of administrative legislation and the marginalization of judicial legislation.In the sub-system,it is generally summarized in terms of judicial detention and fines,the system of list of enforced persons who have lost trust,property investigation and reporting systems,restrictions on high consumption and the application of refusal.The main manifestation of the legal system is the criminal procedure law and judicial interpretation,the list of untrustworthy lists of the Supreme People's Court,the crime of refusal in criminal law and criminal procedure law.The disciplinary system of dishonesty solves the problem of dishonesty in the whole society.This is a systematic rule of law project in the country.It is necessary to systematically regulate,sort out and compile the laws related to disciplinary punishment.In terms of details,the connection and transformation of administrative,civil and criminal disciplinary procedures is also an urgent problem to be solved in the disciplinary punishment system.The legislative issue of disciplinary punishment,especially the coordination of legislative models and legislative content,is the most important topic to be valued for the disciplinary system of untrustworthy enforced persons.The third part is to analyze the causes of the disciplinary punishment system.This part examines the predicament and causes of the disciplinary system in China.It includes the problem of pattern positioning and the effect of judicial governance.Then the article discusses the causes of the problem.Finally,we analyze the causes of institutional problems from the perspective of rights protection.The issue of the legitimacy and rationality of the joint responsibility of disciplinary punishment is not only a social hot spot but also a theoretical hot issue.The protection of the rights of disciplinary punishment involves the protection of rights and the repair of credit in the disciplinary process.The disciplinary system of dishonesty is not a disciplinary punishment.It should achieve the balance between the legal effect of punishment and the social effect.The criminal punishment of the untrustworthy enforced person is reflected in the legislative and practical issues of refusal.The crime of refusal is clearly defined in the criminal law,but the issue of filing on the procedural law is always difficult to resolve.There is a disconnect between the legislative provisions of the legislation and the conversion of procedures in practice.The rate of refusal to commit crimes is very low.After the case was filed,the authorities pushed each other.Eventually,the applicant's remedy is cut off in the execution process.The problem of departmental rule conflicts and poor program connection is in the administrative punishment of dishonesty.As many as forty-four departments are involved in disciplinary action.Specialized legislation should coordinate and explain the criteria for the application and convergence of rules.We should explain the theory through the case and use theory to support legal practice.This paper summarizes the theoretical problems of the system of disciplinary punishment,and improves the development of the system of disciplinary punishment.The fourth part is to absorb and learn from the experience outside the domain.This part is the reference to the legal experience outside the domain.It mainly introduces the credit information model of the United States,the European countries and Japan,and discriminates on the basis of systematic argumentation to absorb advanced experience.The sixth part is the improvement of the system.It mainly includes four aspects: institutional concept construction,sub-system promotion plan,program-based regression and supporting measures.A perfect disciplinary system for dishonesty should have a clear understanding of the legislative model and the legislative system.This is also the shortcoming of our disciplinary system of dishonesty.It is a reasonable governance shortcut by drawing on the experience of public,private and mixed legislation in typical countries outside the region.The fifth part is the focus of the article.It is about the institutional construction of disciplinary punishment in China.Specifically,the concept is the premise,legislation is the guarantee,the legal basis is the long-term mechanism,the system of dishonesty and property reporting are the means,and the specific procedure is the foundation of the system.From the theory to the system,the article finally settles on the procedural law.The disciplinary system of dishonesty is not only a matter of substantive law,but also a matter of procedural law.Disciplinary punishment is to protect the justice of the society in good faith,and procedural justice is visible justice.The current disciplinary measures for dishonesty emphasize the economy and ignore legal procedures.This situation not only makes it difficult to find reasonable support in the moral dimension,but also can not achieve the proper connection with the judicial process,and finally the effect of disciplinary punishment is difficult to achieve expectations.The disciplinary system of dishonesty is not a temporary tool for the implementation of the procedure.It should be a basic procedural rule.All disciplinary measures for dishonesty must be directed to the norm,and accurately to be included in the due process.The lack of rationality in the process of disciplinary punishment system is quite serious in China.It is very common to have no programs to talk about,programs that don't talk,and programs that talk about conflicts.Specifically,it is a concrete improvement from the construction of the disciplinary system of the untrustworthy executor,the promotion plan of the sub-system,the return of the program-based and supporting measures.