Settle The Problem Of "Difficulty Of Enforcement" With The Construction Of Social Credit System

This thesis is composed of three chapters except the foreword and the epilogue.Chapter I is"the actuality and cause analysis of'Difficulty of Enforcement'".'Difficulty of Enforcement'refer to the obligors who have the capability to perform their obligation can't be enforce because of all kinds of reasons. Its representation includes that the obligors don't perform their obligation purposely, that the obligors of assistance don't perform their obligation purposely, that resisting the law with violence becomes more and more badly, that the cases involved in the army or the government encounter difficulties, and so on. The causes of"Difficulty of Enforcement"are complicated. They involve the obligors, the obligors of assistance, the obligees, the department of enforcement, the law system, the circumstance of executing the law, etc. Their core is the absence of social credit. It including the reasons of the bodies of keeping faith, the absence of credit intention, the faultiness of message collecting system, and the low cost of breaking faith.Chapter II is"the construction of social credit system". The social credit system is the social regime that directing by honor morality, by the means of opening and sharing credit information, regulating by the credit law system, cooperating with the wholesome supervision of the market and with the effective castigation of breaking faith, forming the engaging mechanism and social environment to the persons breaking faith on condition of market economy, according to advancing the degree of credit in the state. At present, the construction of social credit system in our country is still in the primary phase. Consulting the modes of social credit system in developed countries, in our country we can build a social credit system leading by the government and stimulating the commercial operation. At the same time, we should consummate the credit law system and the supervision of the market, build effective castigation mechanism of breaking faith, and enhance the honor notion of the public.Chapter III is"the social credit system and the breaking of'Difficulty of Enforcement'". The construction of social credit system can resolve the problem of"Difficulty of Enforcement". Because it can restricting the bodies of keeping faith, build up the honor conception and performing consciousness, consummate the opening and sharing system of credit information to gain the property of the obligors, perfect the castigation of breaking faith to set up the interest leading system. The practices of courts, for instance, the building of the management system of enforcement cases information in country courts, have obtained primary effects. To perfect the application, the author suggests that we should firstly build up elementary personal information system, secondly demand real names of the owners of the property and the actors of the communication, thirdly request dealing without cash when the objects are huge, fourthly consummate the business register system and tax system, and finally balance the collecting credit information and the protecting the legal rights.