Research On Dishonest Debtor System In China

Nowadays credit system is the foundation of social development.It is also plays an important role in constructing our country's social credit system and promoting further development of society and economy.China is now experiencing a social transition stage with rapid development.Constructing social credit system possesses great promoting function for the further development of economy.A perfect social credit system can't be built up without the support of the legal system.An important part of present social credit system is the dishonest debtor list system,which is applied in the civil execution procedure.Perfect laws and regulations that have specific provisions to construct social credit system are lacked in China,specially for the widely used dishonest debtor list system.In China,only the Supreme People's Court has issued Some Provisions on Releasing Information of Dishonest Debtor Lists,which has established the system of dishonest debtor list.However,a whole legal system of credit has not been formed.At the same time,there are still some insufficient sections in dishonest debtor system.For example,standards for specific application and the protection of dishonest debtors' legal privilege are lacked.What's more,the assistant mechanism in enforcement is not smooth.These all affect the execution of civil cases.They not only run counter to original purposes of legislature,but also limit the cultivation and development of credit economy and credible society.By establishing the dishonest debtor system,the Supreme People's Court punish the dishonest debtors who refuse to perform effective legal instruments in order to safeguard legitimate rights and interests of executors and maintain the regular public order.As one of the compulsory enforcement measures,it has a value proposition of honesty and credibility and sticks to the principles of justice and order.The execution of dishonest debtor system in civil cases is important to safeguard the authority of judicial decisions.It not only has the theory significance,and has the practical significance.This article will use the relevant knowledge of legal science,historical analysis and comparative jurisprudence to analyze the background,essence,value basis and current problems and loopholes of dishonest debtor list system of China.There are five major parts in this article.The first part includes some typical cases about the dishonest debtor system which used in the process of civil execution.Then briefly analyses of the form and development of the dishonest debtor system in China are made.The theoretical significance and practical significance are also described.The second part interpret the concept of dishonest debtor system in China.The value basis and basic rules of the legal system in China is combined to show the value basis of studying dishonest debtor system.This research has made up the bland of study on this topic.The third part analysis the dishonest debtor system in China and Put forward the existing defects.For example,releasing the information of dishonest debtors conflicts with the right of privacy and reputation.Inter-linkage mechanism is weaken in civil execution.The protection of executed people's legitimate rights is also lacked.The fourth part uses the international mature experience and Germany Debtor Roster for reference to analyze the problems existed in the dishonest debtor system in China.Germany Debtor Roster and the dishonest debtor list system of China have similar aspects but they are also very different.However,we can learn about management mode,legal environment and specific operation from Germany Debtor Roster.Based on the analysis and demonstration before,the last part of this article uses the legal knowledge and international experience to give some useful suggestions about the specific application of dishonest debtor system in China.The dishonest debtor system will work better and enhance the construction of our country's social credit system.It is aimed to make a contribution to solve the problem of execution.