Untrustworthy Enforcer's Rights Reduction System

The system of reducing the rights of the enforced person is a new system for the enforced person who has the ability to perform and fails to fulfill the obligations established by the legal instrument,to include it in the list of untrustworthy enforcers and to take measures to reduce the rights.By reducing the living space for the reduction of the rights of the untrustworthy enforcer,the untrustworthy executor has to fulfill his due diligence as soon as possible,improving judicial efficiency.However,some problems were also exposed during the implementation process.First of all,for the establishment of the system for reducing the rights of the untrustworthy enforcer,see the judicial interpretation of the Supreme People's Court,and the joint disciplinary measures for the untrustworthy executors are only stipulated by the State Council,and there are hidden dangers of insufficient legal basis;Secondly,the construction of the rights reduction system itself is still not perfect,and the setting of the list of the list of people who have lost trust is not scientific enough.Moreover,the implementation of the implementation mechanism is not smooth,and the units help the implementation to be weak and lack effective coordination.Whether the reduction of the rights of the untrustworthy enforcer is justified can be studied through the dual perspectives of the public interest of society and the spirit of natural law.From the perspective of social public interest,the requirements of public interest can constitute a reason for restricting individual rights,and it is in the public interest to reduce the rights of those who are untrustworthy.Justice and reason are the important spiritual connotations of natural law.The reduction of rights is to support social justice while disciplining the people who are untrustworthy,in line with the spirit of natural law.Under the current system the types of rights reduction of the untrustworthy enforced person can be grouped into four categories: personal rights,property rights,social economic and cultural rights,and political rights.For the reduction of privacy rights and reputation rights in personal rights,the lack of a unified classification of the degree of untrustworthiness is unreasonable in practice;the setting of high-consumption of property rights does not specify the specific scope of high consumption in various fields.It needs to be refined;for the labor rights in social economic and cultural rights,because there are restrictions on free choice of employment,it does not comply with the relevant provisions of labor law and company law,and at the same time,the misunderstanding and abuse of rules appear in the specific implementation,which is unreasonable.The reduction of rights;the reduction of the right to be elected in political rights has irrationality against the spirit of the Constitution.The improvement of the system for reducing the rights of the untrustworthy enforced person should start from three aspects.At the legislative level,the enactment law will be enacted,and the entire system of rights reduction will be co-ordinated.At the institutional level,the system construction should be further strengthened to make the system itself more sound.Finally,the supporting facilities should be improved to assist the system for reducing the rights of the enforced persons.Implement and improve synergy.