Legal Restriction On Personal Information Right Of The Executee Of Breach Of Credit

The frequent dishonest acts of the executed in cases and the increasing number of the dishonest executed result in the lack of effective protection of the interests of the applicants and relevant stakeholders,and the serious damage to the credibility of the national judiciary.In order to encourage the discredited persons to correct their discredited behavior and fulfill their legal obligations,the Supreme People's Court's Provisions on Publishing the List Information of the discredited persons came into being immediately,which marked the preliminary formation of the legal restriction mechanism of the personal information right of the discredited persons in China.With the further application of the legal restriction mechanism of the personal information right of the discredited person in the judicial field of our country,it is of great significance to clarify the basic connotation of the personal information right of the discredited person and to construct the implementation path of the legal restriction system of the personal information right of the discredited person.By using the relevant theories of personal information right for reference,the author makes a conceptual definition,content definition and legal attribute analysis of the personal information right of the discredited person.This paper chooses the theory of right limitation,the theory of behavior incentive and the theory of interest measurement as the theoretical basis for the legal limitation of the personal information right of the person who has broken his promise.This paper makes a comparative analysis of German debtor roster system,Korean debtor defaulter roster system and China's dishonest list system,sums up three main ways of legal restrictionof dishonest person's personal information right: legislation restriction of personal information decision right of dishonest person,Judicial Restriction of personal information confidentiality right of dishonest person,and multi-restriction of personal information blockade of dishonest person.Right.However,in the process of restricting the personal information right of the person who breaks his promise,we should follow the principle of equal rights and obligations,pay attention to privacy protection,and strengthen the forgetting of personal bad information.The legal restriction on the personal information right of the discredited person is not only a way of credit punishment,but also a means of judicial enforcement.It is also one of the auxiliary means to solve the "difficulty of execution" and build a good faith social system.