On The Improvement Of Credit Punishment System For Dishonest Person Subjected To Execution

The credit discipline system is an important legal system which conforms to the national conditions of our country.It is of great theoretical value and practical value to resolve the social problems of the “implementation difficulty”.With the enacting of a series of legislative and judicial interpretations,the disciplinary action on the dishonest person subjected to execution has been strengthened gradually.Besides,local courts also make institutional innovations based on local practices.This paper intends to examine the evolution of the credit discipline system in China,and then to analyze the current situation,the existing predicament and its causes,which might reinforce its legal theory and system perfection.Besides the introduction,this thesis consists of four parts.First of all,this thesis points out that the credit discipline system is an innovation in our civil execution system.And then the paper starts from the basic concept of the credit discipline system.And then from the theoretical basis of the system,it clarifies the basic compliance of the system from the principled point of view,and also notes that attention should be paid to the implementation of the system,such as the intensity of the penalty,the disclosure of personal information,and the protection of their rights.The second part discusses the current situation of our legislation and the problems.The development of the credit system would be discussed in detail,and the present situation of the system in China would also be demonstrated along with the main specific system contained in the system.And then based on the presented system,problems on the construction of this system which need to be resolved would be analyzed as well.The third part combings the effectiveness and shortcomings of the credit punishment system in the judicial practice of our country.This thesis recognizes its positive role on the issue of “implementation difficulty”,but with the review of national implementation status and some local courts,it reveals the inadequacies of the implementation of the system in the practical aspects of the problem.Finally,based on the above two aspects of system construction and the practical operation,this paper analyzes the problems and shortcomings of the credit system in China.And according to the needs of judicial practice in China,this thesis also puts forward the corresponding improvement from the perspectives of legislation,system design,the execution linkage and other aspects.