Study On The System Of The List Of Dishonest Executees

Execution is the fruit of litigation.The quality of execution is directly related to the legitimate rights and interests of the parties,and affects the judicial credibility.To establish the judicial authority and judicial credibility,first of all,it depends on the people's court to make a fair judgment in the trial process,and second,it needs the debtor to perform the effective legal documents in a timely and complete manner.At present,the problem of "difficult execution" brings about the execution work of the court Perplexity has become a barrier for creditors to realize their creditor's rights and an important factor to reduce judicial credibility.The Supreme People's court,in order to speed up the resolution of the problem of "difficult execution" and in combination with the judicial status of the execution procedure,issued on July 1,2013 the provisions on the publication of the information on the list of dishonest Executees(hereinafter referred to as the "provisions"),according to which,the system of the list of dishonest Executees has been basically established in China.As a legal regulation system for dishonesty,this system is an important measure to establish a social credit system based on good faith.However,from the collected relevant data and cases,because some executives did not accurately understand the purpose of the credit punishment system,those who intend to terminate the execution of the case were included in the list of dishonesty,did not distinguish whether they have the ability to perform,resulting in the social and legal effects of the system did not play the best.Further analysis shows that the system also has defects in relevant supporting mechanisms and the protection of the rights of the person subjected to execution.Therefore,the author uses the methods of empirical analysis and comparative analysis,taking the theoretical basis and operation status of the system as the starting point,and drawing on the useful experience of the system of punishing dishonesty in foreign countries,summarizes the shortcomings of the system in China,aiming at exploring the feasible strategies of the system of the list of dishonesty executors in multiple dimensions,in order to solve some key problems in the system,and hopes to standardize and improve the system Perfection helps.The first chapter is the introduction,which mainly introduces the background of the topic,the purpose and significance of the research,the research status at home and abroad,the research content and methods.The second chapter of this paper is the theoretical perspective of the system of the list of dishonest Executees,discusses the connotation,function and theoretical basis of the system,and provides theoretical support for the following issues.The third chapter of this paper expounds the current situation of the operation of the system from the perspective of legislation and practice,analyzes its operation effect through relevant data and cases,and summarizes the advanced legislative ideas of the system.In the fourth chapter,the author points out that there are some deficiencies in the property declaration mechanism,the right protection mechanism,the proportion punishment mechanism,the supervision mechanism,the information disclosure content and the way of the dishonest executor.The fifth chapter of this paper is to put forward the corresponding suggestions for the above problems,strengthen the top-level legislation,improve the relevant supporting mechanism,pay attention to the protection of the rights of the executee and make institutional innovation in the specific operation,and establish the personal bankruptcy system.The sixth chapter is the conclusion and prospect,which summarizes the viewpoints and achievements of this paper,and hopes to contribute to the systematization and maturity of the system of the list of dishonest Executees.