Study On The List System Of The Dishonest Executors In China

In judicial practice,implementation difficulties are an important challenge facing the people's courts.Difficulties in implementation not only damage the interests of creditors,but also have a greater impact on the authority of the law.In order to establish the authority of the judiciary and at the same time establish the credibility of the law,the people's court must not only conduct fair judgments,but must implement the judgment documents in a timely manner.In the judicial practice,if the enforced person fails to fulfill the legal obligations as determined by the effective legal documents,then this is very unfavorable for the establishment of the credit system of the whole society,and has a very great impact on the construction of the litigation system in China.Therefore,under this circumstance,the people's courts across China have combined with the practical experience of implementation to create a way of shocking the enforced person,namely,credit punishment,and the method of credit punishment can force the executed person to actively fulfill his legal obligations.In 2007,China's "Civil Procedure Law" established the list system of untrustworthy enforced persons,laid the foundation for the problem of civil execution difficulties in China,proposed the direction of settlement,and promoted the establishment of China's social credit system.In 2013,the Supreme People's Court issued the “Several Provisions on the Information on the List of Examined Persons Who Have Been Lost Letters”,which proposed a system of lists of untrustworthy enforced persons.The emergence of this system eased the problem of judicial enforcement at that time.However,according to relevant data,the number of people who started to include the list of untrustworthy enforcers in 2015 is gradually increasing.This shows that when the people's courts applied the enforcement system,they neglected the strict review of the performance of the enforced person.There are still some problems in the implementation of the system.Therefore,this thesis studies the list system of untrustworthy executors,explores the problems and specific causes of the system,and compares and analyzes the essays of the escaping system.At the same time,China must strengthen the qualification review of the untrustworthy executors and establish a mechanism for the operation of the system,so as to effectively improve the current implementation difficulties of the people's courts.This article is divided into six chapters.The first chapter is the introduction,and puts forward the research background,research significance,research status and research methods of this paper,and puts forward the theoretical basis of the list system of untrustworthy enforced persons.The second part outlines the system of untrustworthy executed lists.This part proposes the creation and establishment of the system,and studies the value considerations of the system of list of untrustworthy enforcers.The third part is the operation of the list system of untrustworthy enforced persons.This paper explores the practical application of the list system of untrustworthy enforced persons in China and abroad.Through comparative analysis,this paper proposes the enlightenment of the list system of the untrustworthy enforced persons in China.The fourth part is the lack of a list of people who have lost trust.In the fourth part,we mainly explore the problems existing in the list of people who are untrustworthy in China from the aspects of mechanism and implementation.The fifth part is to improve the method of the list of untrustworthy enforced persons.From the specific system construction and practical operation,we will explore ways to improve the list of untrustworthy enforcers.The sixth part,the conclusion.