Study On The Legal Issues Of Credit Disciplinary Punishment Of Creditors In China

Credit is the cornerstone of the market economy and the moral criterion for maintaining the normal order of social and economic life.The existence of the "difficulties in implementation" problem seriously jeopardized the credibility of the judicial system and hindered the construction of the social credit system.Therefore,on July 19,2013,the Supreme People's Court issued the "Several Provisions of the Supreme People's Court on the Information on the List of Examined Persons Who Have Lost Faith"(hereinafter referred to as "Several Provisions")established the credit correction system for untrustworthy enforced persons.The credit punishment of the untrustworthy executor is based on the publication of the information on the list of executors who have lost trust,and the government agencies,financial institutions,and industry organizations have imposed certain rights restrictions on the executors,using administrative,market,and public opinion.The pressure to force the enforced person to perform an institutional arrangement for the obligations established by the legal instrument in force.The credit punishment of the untrustworthy enforced person in China is supported by the high-quality experience of long-term practice and exploration,with a profound theoretical foundation as the guarantee,the establishment of a country ruled by law,the construction of a social credit system and the protection of the legitimate rights and interests of citizens.Play an important role.However,from the relevant data and cases in recent years,it can be seen that the credit penalty of the untrustworthy executor has not achieved the expected results,and there are big problems in both legislation and practice.First of all,the main body of the disciplinary punishment of the untrustworthy executor is the authoritative department with disciplinary power and the authorized organization,which is mainly the court executive board.However,as far as we know,the relevant provisions of disciplinary punishment are mostly the judicial interpretation of the Supreme Court.As an athlete and a referee,it is easy to abuse the power in order to improve the efficiency of execution.For example,in practice,the scope of disclosure of untrustworthy information is excessively expanded and the use of extreme disclosure methods seriously violates the legitimate rights and interests of the enforced person's right to privacy and reputation.Secondly,those who are obligated to perform the duties of credit punishment and refuse to perform the obligations of the legal documents determined by the effective legal documents are difficult to quantify in the judicial practice because there is no clear standard for the determination of “ability to perform”.Therefore,some courts often The executor adopts a “one size fits all” list of dishonesty to conduct disciplinary punishment;again,credit punishment measures are based on the announcement of the list,and the relevant government departments limit high consumption,limit bidding and bidding,etc.;joint financial institutions limit financing and credit;Functional industry associations restrict market access,qualification,etc.,but because of the "strike hard" thinking inertia and the lack of necessary supervision in the disciplinary process,there are often disciplinary measures beyond the border,such as the "sitting" of the children of the enforced,limiting them Going to school,joining the army,joining the party,etc.,this violates the principle of responsibility and self-determination and deviates from the spirit of the rule of law.Finally,the relevant supporting mechanisms for credit punishment in the implementation of dishonesty in China are lacking.For example,the property investigation and reporting mechanism is not perfect,and the list withdrawal mechanism is not perfect.Perfect and so on.The existence of these problems greatly hinders the effect of punishment for breach of trust,and even seriously infringes upon the legitimate rights and interests of the person subject to execution,causing greater damage to the public letter of justice.In order to remedy the above defects,we must base on our own practice,draw lessons from the international advanced experience,and improve it from the legal level and practical level.First of all,the principles that should be adhered to in the punishment of dishonesty should be clarified,namely,the principle of punishment according to law,the principle of proportion and the principle of credit information restoration.Secondly,improve the legal provisions and relevant supporting mechanisms;Finally,strengthen institutional innovation and introduce natural person bankruptcy system.