The List System Of Dishonest Executor In China And Its Improvement

In 2013,The Supreme People's Court of The People's Republic of China promulgated "Several Provisions on Publishing Information on the List of Dishonest Executor",which marked that the "List of Dishonest Executor" system came to the foreground from behind the scenes.Since then,courts at all levels throughout the country have also begun to publish information to the community about the discredited enforcers,in order to deter the enforcers from fulfilling their obligations on their own initiative by means of credit punishment.In recent years,although the system has made great achievements in promoting the smooth implementation of judgments,there are also many problems in the process of operation,affecting the legal effectiveness of the system of the list of discredited executors.Because the system plays a vital role in promoting the smooth implementation of the procedures and maintaining judicial authority,we need to conduct in-depth study to overcome the defects of the system.The so-called deficiencies need to be corrected.This article is based on the analysis of the specific problems existing in the system,using empirical analysis,comparative research and other methods,from the two levels of system construction and judicial practice,so as to put forward suggestions for the improvement of the system.Chapter I of this paper,the author studies the basic problems of the system of the list of dishonest executors,that is,to analyze the meaning and characteristics of the system,and to explain the system of the list of dishonest Executors theoretically from the theoretical basis,significance and value of the system.Chapter II of this paper,studies the development process and operation status of the list system of dishonest persons,interprets the emergence and development of the system and the specific implementation procedures in China in detail,and focuses on the analysis of the new changes in the "applicable conditions" of the system after the modification in 2017,and puts forward the views on the reasons and significance ofthe modification.Chapter III of this paper,affirms the achievements of the system,and then analyses the main problems of the system from the perspective of system construction and system operation,such as the overlap between the system and the application of the "refusal to enforce the crime",the blurred boundary,the lack of external supervision mechanism for the operation procedure of the system,and the dilution of the protection of the legitimate rights and interests of the executed.Substantive problems such as incomplete deletion of the information of the executed are analyzed in detail.In addition,it innovatively makes a comparative study on the similarities,differences and applicable conditions between the list system of discredited persons and the crime of refusing to execute,so as to clarify the applicable boundary between the two.Chapter IV of this paper,based on the summary of the existing problems in the current system,and proceeding from the reality of our country,puts forward some suggestions for the perfection of the system of the list of discredited persons to be executed: linking up the system with the crime of refusing to execute,standardizing the content of the system open,establishing the supervision mechanism of the system operation procedure,perfecting the information sharing mechanism and strengthening the protection of the rights of the executed.so as to put forward suggestions for improvement.