The Study On The Rights Of Protection For Dishonest Executed Persons In China

In his report to the plenary session of the National People's Congress,Zhou Qiang,President of the Supreme People's Court,pointed out that it is hard to overcome the long-standing problems in the field of execution in China within three years,to overcome the final obstacles and to achieve fairness and justice.The emergence of the system of the list of discredited Executees has enabled courts across the country to carry out critical actions in full swing.Whether it is the judicial department or the people,it is a verbal criticism of the person who has been executed for dishonesty.Relevant measures of dishonest Executees have produced tangible effects and deterrence in resolving the problem of difficult implementation,which has its positive side,but there are also problems of neglecting the rights of dishonest executees.In order to solve the difficulties of execution and realize the interests of creditors,the execution department is an exhaustive method.Because the legal system is not perfect,the execution procedure is not strict,and the relief system is not perfect,the law enforcement personnel may enforce the law roughly,do not respect the dishonest executed person,and do not strictly observe the judicial procedure,which makes the rights of the dishonest executed person neglected or even violated;when confirming the dishonest executed person,the executed person who is really unable to repay the debts and has difficulties in life is neglected.Differential treatment;when the list of discredited persons is published,citizens' personal information is too detailed,which leads to the disclosure of personal information and the danger of infringement of public rights on private rights;unrestricted publication of the contents of the list of discredited persons may have an impact on their reputation;and the protection scope of the property and property rights of discredited persons is narrow.In view of this,this paper takes the natural person among the discredited persons as the research object,and explores how to improve the protection of the rights of the discredited persons in our country.This article attempts to discuss the theoretical basis and value of the protection of the rights of the discredited Executees by elaborating the system of the discredited Executees and the theoretical basis of the protection of the rights of the discredited executees;analyze the current situation of the protection of the rights of the discredited Executees in China,and find out the existing problems and reasons in the protection of the rights of the discredited executees.Finally,drawing lessons from the beneficial experience of the protection of the rights of the executed in foreign civil execution,this paper puts forward some suggestions to improve the protection of the rights of the executed in breach of trust in our country.The main aspects are as follows: first,to improve the relevant legal system,such as speeding up the formulation of the civil enforcement law,amending the law that is incompatible with the current judicial and social situation;second,to protect the executed by standardizing the identification of the execut At the same time,creditors' interests also protect those who are really unable to perform;third,standardize the contents and ways of publishing the list,protect the property rights and personal dignity rights of those who are dishonest,and prevent these rights of those who are dishonest from being infringed;fourth,restrict the executives by standardizing the execution procedures,so as to standardize and legalize their law enforcement actions,and protect them.The personality dignity of the person who breaks his promise can prevent the infringement of the rights of the person who breaks his promise;the fifth is to achieve the balance of rights through normative supervision,so as to protect private rights from infringement;the sixth is to provide effective relief measures,so that the infringed person who breaks his faith can have relief ways,so as to better protect his rights.The research on the protection of the rights of the discredited persons in our country can not only embody the idea of equal protection of the rule of law,standardize judicial actions and improve the judicial quality and level of judicial personnel,but also add to the improvement of the level of ruling the country by law and the improvement of social credit system.Therefore,it is necessary to study the protection of the rights of the person who breaks faith.