Research On The Protection Of The Rights Of The Untrustworthy Enforced Person

Just as the Latin law,"Execution is the end and fruit of the law."If the law fails to enter the implementation process after the completion of the formulation work,the value of the law cannot be reflected.Civil execution is the last step in achieving legal obligations,and this step is extremely critical.In general,the more direct and simple the rights are handled,the more comprehensive rights protection mechanisms need to be introduced.Under the weight of the basic solution to the difficulties of implementation,the courts at all levels and specialized courts in the country have paid attention to solving the problem of judicial execution,and introduced corresponding judicial interpretation and judicial policies to provide institutional support.Affected by this,many legal rights of the untrustworthy executors failed to receive sufficient attention and could not ensure effective protection.This kind of state not only does not solve the problem of“difficulous execution”,but also triggers the new problem of“execution of chaos”.The author also conducts on-the-spot investigation and research,and finds that the protection of the rights of the untrustworthy enforced person in China is still not in place.These problems are summarized as follows:One is that it fails to effectively protect the property rights of the untrustworthy enforced person.In the process of specific judicial execution,the property rights of the untrustworthy enforced person have been violated frequently;the second is the failure to effectively protect the personal rights of the untrustworthy enforced person.In the specific enforcement,it is often the case that judicial detention is used to impose penalties on the enforcer of the breach of trust to achieve enforcement;the third is the failure to effectively protect the privacy of the untrusted person.In recent years,China has begun to implement the system of list of enforced persons who have lost their trust.The system needs to be improved.When the information is published,information such as the privacy of the executor is leaked,and the rights and interests of the executor are not effectively protected.These issues need to be reflected and improved.As far as how to protect the legal rights of the enforced,some foreign countries have accumulated more mature experience,and China can make reasonable reference to it.From the perspective of the people's court,in the judicial process,it is necessary to hold a fair position.In addition to emphasizing the protection of the rights of the applicants,it is also necessary to ensure that their legal rights can be effectively protected.Enhancing the credibility of the executive department is extremely beneficial and can be used to create a good execution environment.Based on this,combined with the actual establishment of China's actual and scientific system of protection of the rights of people who are untrustworthy,it is of great significance not only to effectively solve the problem of“difficulties in implementation”,but also to play a "booster" role in promoting the rule of law.