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Researsch On The Publicity System Of The List Of Dishonest Executors In China

Posted on:2019-09-28Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
GTID:2416330545465878Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In March 2016,Zhou Qiang,the president of the Supreme People's court,told the Supreme People's court at the four session of the twelve National People's Congress,that "with two to three years,the basic solution to the difficult problem of implementation" has aroused general acclaim and widespread resonance.In 2013,the Supreme People's Court issued a number of provisions on the publication of information on the list of persons who lost faith(hereinafter referred to as "a number of regulations"),and the public notice system of the person who lost the letter was born.The operation of the system alleviates the problem of "difficult execution" to a certain extent.On the basis of the interpretation and theoretical basis of the public notice system for the list of dishonest executors,this paper analyzes the current situation of the system.This paper is based on the empirical analysis and comparative analysis,and analyzes the execution of the dishonesty in depth.On the basis of the problems and causes of the public list system,this paper makes a comparative analysis of the public notice system of the list of executors in our country and the system of the German debtor's list,the register system of the Korean debt non performance and the United States and Japan,and then puts forward the system of optimizing the list of the executors.Information sharing platform,strengthening departments' linkage,paying attention to privacy protection,popularizing credit information service platform,and perfecting credit laws and regulations.It is hoped that it will be beneficial to the standardization and perfection of the publicity system of the list of dishonest executors.The first chapter mainly introduces the concept and theoretical basis of the public notice system of the list of persons who have lost faith,and reveals that the system is formed and established to solve the problem of "difficult execution" of the people's court,and its theoretical basis mainly includes "the implementation of the open theory","the principle of honesty and credit" and "the theory of credit collection".The second chapter mainly introduces the legislative status and judicial status of the public notice system of the list of lost trust executors.Through the empirical analysis of the overall situation of the systemoperation,it is believed that the public system of the list of dishonest executors has the imperfect information system,the protection of the rights of the executor,the insufficient judicial guarantee and the executor.The problems such as shortage of staff,waste of resources and tight funds are analyzed respectively.The third chapter,after examining the German debtor's list system,the Korean debt diserman's book system and the United States and Japan related disbelief system,thinks that the first,the German debtor's register system and the Korean debt non-Performance book system will be distinguished by their performance standards.For the two category,different implementation measures are applied to them,and the second,the German debtor's register system and the Korean debt non performance book system all attach more importance to the guarantee of the basic rights and interests of the executor;and the third,the United States and Japan are based on a complete and mature credit system to punish the executor.The above three points are worth learning from the publicity system of the list of dishonest executors in China.The fourth chapter is the conclusion,hoping that this article will throw bricks and jade into jade,and do a modest job for the research and standardization of the system of publicity for the dishonest executor list.
Keywords/Search Tags:Lost trustee, Good faith, Credit disciplinary action
PDF Full Text Request
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