Research On The Publicity System Of Dishonest Civil Debtor

On the one hand,the "execution of difficulty" has seriously affected the execution of the court's implementation smoothly,and has damaged the credibility of the judiciary;On the other hand,the people's legitimate interests are not relief effectively.Also it reflects the lack of personal credit,trust relationship between people will be destroyed,and people will be facing a crisis of confidence and lose opportunity to work again.Therefore,all of the levels courts in our country will be on publicity the faithless people's information,China has established a more complete and standardized system to expose information of the faithless.So far,China's civil enforcement problem have been significantly alleviated,the implementation of quality have been improved and the legal authority and the judicial credibility have been maintained and highlighted;social credit system construction can also be advanced.Therefore,the system of expose the faithless list established not only plays an important role in solving the problem of the execution for the courts,but also has a great significance for social credit construction and maintenance of judicial credibility.The first chapter is about why the faithless information of the debtors is required to be stated.First of all,the author plays a set of data on the implementation of the court in the past three years and analysis our country courts is now facing what difficulty on execution;Secondly,in the face of personal subjected to current situation of the debtors does not execution,it probably has an important influence on judicial efficiency,judicial credibility and construction of social credit system.The second chapter analyzes the theoretical basis of the establishment of the system,putting the incentive mechanism theory as an emphasis and analyzing the meaning of the faithless information's disclosure by strengthening the value of credibility and the relationship of the information,trust and the law for that the author can further strengthen that the credibility and information disclosure-oriented incentive mechanism theory is a powerful theory of dishonesty system support.Further more,this chapter combines the theory of the principle of judicial openness as a supplemental theory for the system of dishonest in the end of this chapter,which can provide anther theoretical basis for the system.The third chapter is based on the current legal regulation of the publicity of the faithless,and analyzes the actual situation of the system from the aspects of the development of the system,the specific operation procedure,the combination with the typical case and "Reward execution".In the fourth chapter,the author makes a comparative study on the relevant system of German law and summarizes the current defects of the system in our country.On the basis of these defects,the author come up with some suggestions on how to improve the disclosure system of our country.