Research On The Protection Of The Right To Privacy Of Breach Of Faith Executed

The problem of enforcement is a long-standing problem.Under the background of establishing and perfecting the social credit system and the practice of punishing the dishonest executor to solve the problem of enforcement,the list system of the dishonest executor arises at the historic moment.Based on the list of discredited executes,China has established a disciplinary system for discredited executes,which opens up a new means of execution that does not directly affect the object of execution,but exerts pressure on the mental state of the executed and restricts the economic and social activities of the executed.The punishment system for dishonest persons is based on the publicity and sharing of dishonest information.The information of dishonest identity and dishonest behavior in dishonest information belongs to the privacy of the parties,and should be protected by the right to privacy.Therefore,it can be said that the punishment system for dishonest persons is a means of execution based on restricting or depriving the privacy of dishonest persons.State power can restrict the legitimate rights and interests of citizens,including the right to privacy,in order to meet the needs of state governance and social order maintenance.However,such restrictions are not without boundaries.They must follow certain procedures and principles,otherwise they may cause excessive infringement on the rights of the parties.The People's Court is in an absolute superior position when exercising the punishment system on behalf of the state.Relatively speaking,the executed person is in a disadvantaged position.It is undeniable that the punishment system for the discredited executed person plays a certain role in promoting the solution of the difficult problem of execution,but we can not ignore that the system in the process of formulation and implementation attaches more importance to punishment than to the protection of rights and the realization of claims.The malpractice of neglecting due process.In this process,people's courts often neglect the protection of the privacy of the parties,resulting in unnecessary infringement of the privacy of the discredited person in practice,which also reduces the credibility of the judiciary to a certain extent.The deficiencies of the current punishment system in protecting the privacy rights of the discredited persons are mainly manifested in the following aspects:violating due process of law and not guaranteeing the right of denuding the parties‘statement and defense before making the incorporation decision,which leads to the phenomenon of miscarriage and misacceptance in practice and greatly infringes on the privacy rights of the parties;The improper use of discretion in the disclosure of dishonest information,blindly pursuing efficiency while ignoring the rationality of means,and the improper choice of means and content exist in both the system design and judicial practice,failing to differentiate between dishonest acts with different plots and severity,resulting in excessive infringement on the privacy rights of the executed,especially those with minor dishonesty.The people's court,as the main body of dishonest information,fails to fulfill its duty of proper management and control,resulting in the expansion of the infringement of the privacy rights of thedishonest persons and additional damage to the privacy rights of the parties.In order to make the current punishment system more perfect and achieve a better balance between the purpose of punishment and the protection of privacy,it is necessary to increase the statement and defense links in the procedure of incorporating the dishonest person into the execution procedure so as to guarantee the parties' right to participate,so as to reduce the infringement of the parties' privacy caused by miscarriage,and to control the freedom of the people's courts in the process of disclosing the dishonest information.Discretion: make more detailed provisions on relevant matters,reduce the free choice space of the people's court,establish the internal supervision and control system of the people's court,correct the improper use of discretion in time;classify the dishonest Executes,treat them differently according to different situations,and strive to deal with each dishonest execute in accordance with its specific situation.In order to minimize the infringement of the party's right to privacy,the People's Court should implement its management responsibility as the subject of dishonest information,restrict the unauthorized dissemination of information,and clearly stipulate the use methods of dishonest information by Joint Disciplinary departments,so as to reduce the improper infringement on the party caused by the lack of management in the process of disclosure and dissemination of dishonest information.