A Study On The Scope Of Law Of The Joint Punishment Mechanism For The Discredited Judgment Debtor

"Law Enforcement Difficulty" has been a long-standing problem that has troubled the work of the courts.The legal documents that are in force cannot be effectively implemented,which not only causes serious damage to the legitimate rights and interests of the parties,but also affects the trust and expectations of the people in the national laws.In order to reverse this unfavorable situation,in March 2016,Zhou Qiang,the president of the Supreme People's Court,put forward the goal of "basically solving the problem of difficult implementation in two to three years" in the "two sessions".Since then,the Supreme Law has been introduced in conjunction with several departments.Multiple documents,gradually establish and improve the joint disciplinary mechanism for those responsible for dishonesty,and strive to build a situation of "one-time dishonesty,limited from time to time,everything is restricted".It is undeniable that joint punishment of the dishonest executionee can indeed reverse the disadvantaged situation of the "difficult implementation" of the people's court.However,in order to solve the enforcement problem,if various measures are continuously taken to continuously squeeze the rights of the executionee,it will Too late,another issue that caused the unjust infringement of the legitimate rights and interests of the enforced person was violated by public power.In the long run,the fairness and authority of the law must be questioned.Therefore,it is very necessary to explore the boundary issue of the joint disciplinary mechanism of the dishonest performers,so as to achieve a balance between the protection of creditors of state power and the interests of the dishonest performers.From the perspective of theory and practice,the existence of the joint disciplinary mechanism for the persons subject to dishonesty is justified.First of all,from the perspective of jurisprudence,the joint punishment mechanism has substantial justification.According to the principle of good faith,the act of the person being executed that refuses to perform the obligations determined by the effective legal instrument violates the principle of good faith.Based on this,the rights of the person being executed are restricted.Justified reasons for joint disciplinary action against those who have been violated;according to the Mill's principle of damage,if an individual's behavior exceeds this range and violates the interests of others or society,they should be subject to reasonable and legal restrictions;The enforced person's ability to perform the obligations determined by the legal instruments in force and refuse to perform is a serious malicious dishonesty and breach of trust.Limiting the rights of the dishonest enforced person means revenge justice and defense justice;meanwhile,from Judging from the principle of legal retention and the principle of due process,the jointpunishment mechanism also has formal legitimacy.Secondly,from a practical level analysis,the joint disciplinary mechanism for those who have been breached of trust has a significant effect compared with traditional disciplinary methods.It is an inevitable requirement for accelerating the construction of the social credit system and at the same time can further enhance the credibility and authority of the law.Although joint disciplinary measures can be taken to improve the execution efficiency of the dishonest person,the blind pursuit of the implementation effect will cause the problem of the dishonest person's misconduct and cause unreasonable restrictions on the rights of the dishonest person.Unreasonable involvement of family members,unreasonable violations of the basic human rights of the person subject to breach of trust,etc.Therefore,the joint disciplinary mechanism needs to be restrained to a certain extent,so that the degree of joint disciplinary punishment for those who fail to perform their duties is maintained within a reasonable limit.Here,the author advocates introducing the principle of specific rationality,the principle of legitimacy,and the principle of combining the protection of the rights of creditors and executed persons to restrict the mechanism.On the one hand,the joint disciplinary measures should reflect the adequacy,necessity,and balance,while protecting the interests of creditors while properly considering the legitimate interests of the debtor;on the other hand,they should be followed in the formulation of the joint disciplinary mechanism and the implementation of specific measures.The principle of legitimacy is the prerequisite for the normal operation of the joint punishment mechanism.At the same time,the principle of combining the protection of the creditor's and the legal person's legal rights should be adhered to to protect the personal dignity of the person responsible for the breach of trust."Efforts to make the people feel fair and just in every judicial case" is the solemn promise of the Supreme People's Court to the people of the country.This must be reflected not only in the case's litigation process,but also in the execution procedures of the case.