Study On The System Of Publishing The List Of Dishonest Executees And The Protection Of Their Rights

The difficult execution of civil cases has always been a major problem that troubles the smooth progress of civil cases in China.Especially,under the situation of continuous increase of civil cases and annual increase of the closing rate,the problem of difficult execution has not been fundamentally solved.More parties fail to fulfill their legal obligations in civil cases,resulting in the incomplete construction of social credit and the lack of social credit mechanism.Individual citizens do not attach importance to personal credit status.Therefore,a number of people who have been discredited have been executed.In order to effectively solve the problem of difficult implementation,and to enable the parties to take the initiative to fulfil the obligation to determine the entry into force of the legal instruments,China formally established the system of publishing the list of discredited Executees in 2013.The establishment of this system means the preliminary establishment of our social credit system,and has achieved breakthrough results in the implementation of rare issues.Since the 2003 government work report pointed out that we should build our social credit system,until the formal establishment of the system in 2013,deepen the reform in 2016,and revise the system in 2017,it has gone through more than ten years.Over the past decade,China's concept of rule of law has made remarkable progress,and the process of rule of law has been further deepened.However,there are still some problems in the construction of the system,especially in the protection of human rights for those who break faith and are enforced.The violation of the rights of the discredited persons is manifested in three aspects:1.imperfect system construction;2.lack of right relief channels;3.insufficiency of system supervision and application.Therefore,the legitimate rights of those who break faith can be effectively guaranteed by perfecting legislation,establishing right relief channels and strengthening system supervision and application.In this paper,the publication system of the list of discredited Executees is taken as the research content,and the protection of the rights of discredited Executees is taken as the core.The content and relief methods of the infringement of the rights of discredited Executees under this system are analyzed and discussed in depth,and the reference and reference for the current situation of German and Korean systems and legislative content are given.In order to improve the system of our country.The framework of this paper is as follows:The first part discusses the basic theory of the system of publishing the list of discredited persons.By discussing the exact definition of the breached person,the applicable object and the applicable conditions of the system,we have an accurate understanding of its basic concepts.At the same time,through the elaboration of the significance of the protection of the rights of the breached person,we can demonstrate the direction and necessity of the improvement of the system.The second part discusses the legislative status of China's system and drawbacks through legal analysis.Starting from the existing system,to study the evolution and development of the system establishment can accurately grasp the connotation and context of the system;and through the study of the existing system,can have a deeper understanding of the content of the system.Through the principle of proportionality and the legal analysis of the right to be forgotten,we can draw the deficiencies of our system.The third part discusses the relevant systems and legislation in foreign countries.By referring to the construction of German and Korean systems and studying the specific legislative situation,we can know the judicial practice and application of relevant systems abroad.Through drawing lessons from advanced experience,it can provide useful reference for perfecting our system and protecting the rights and interests of those who break faith.Through the improvement of legislation,the construction of right relief channels and the strengthening of supervision and application,we can effectively protect the lawful rights and interests of the discredited persons and maximize the role of the system.