The Application Of The Principle Of Proportionality In The List System Of Untrustworthy Enforced Persons

How to deal with disputes and contradictions is the primary problem to be solved by the proceedings.The execution process is a key step in the proceedings and bears the final role.In 2013,the Supreme People's Court issued a number of provisions on the publication of information on the list of persons subject to breach of trust(hereinafter referred to as “Several Provisions of 2013”),which classified the cases of the list of untrustworthy persons and conducted them in 2017.Revised.The use of Internet technology to complete information sharing through linkage mechanism is precisely the performance of modern society using information network means to improve the level of informationization in the implementation process,and it is also one of the ways to accelerate the construction of "smart courts".The list of untrustworthy enforced persons is a product of the Internet background.The five cases of the “List of Untrustworthy Executed Persons List”promulgated by the Supreme People's Court have made the untrustworthy executors eligible for loan financing,real estate,equity change registration,and construction enterprise qualification.Restrictions on assessment and project bidding,etc.,greatly reduce the survival and development space of the executors,and encourage the executors to fulfill their obligations and play the disciplinary,alert and guiding functions of the list system,thus building a credit society.The core of the list system is to use public information to let information flow in the sun,so that the enforced person can use the shame of the enforced person on the one hand and the squeeze ofthe economic field on the other hand under the supervision of public opinion.Let it perform on its own initiative,but inappropriate public behavior will inevitably affect its reputation,privacy and property rights.It is undeniable that the actions previously performed by the executor should bear the consequences,but the consequences should be equal to the proportion of the harm generated.At this point,it is a good choice to introduce the principle of proportionality into the list of untrustworthy enforcers.The principle of proportionality is generally applicable to the field of public law.It can limit the extent to which state public power is involved in private rights.On the one hand,through the substantive protection of private rights,from the perspective of humanistic care,this can better avoid excessive interference of state measures.On the other hand,it is also able to continuously explore the boundary of public power to intervene in private rights,so as to better promote the exercise of public power.From the system of the list of people who have been deprived of trust,the subjective standard of the list system,the indiscriminate publication method and content,the withdrawal mechanism that does not match the inclusion list system,and the ambiguity of the relief procedures are unclear.The problem should be introduced to the principle of proportionality,let the principle of proportionality play its role,and promote the continuous improvement of the list of enforced persons who have lost trust.Make full use of the principle of proportionality to regulate the system of list of enforced persons who have lost trust,from formulating standards-compliant,practical standards of dishonesty,retaining necessities of life;rationally regulating the main body of activation;flexibly standardizing the time limit;the content and scope of information disclosure should be reasonable Within the limits;strengthen the supervision and relief mechanism,and improve the list of untrustworthy enforced persons in the proportion of legitimate legality,choice of minimum damage measures,means and purpose.In short,if the principle of proportionality is properly applied in the system of list of people who have lost trust,the local courts and the joint correctional units can rationally apply the essence of the principle of proportionality,then they canobjectively intervene in the country to define peripheral boundaries and balance conflicts.The legal benefits lay a good foundation for solving the difficulties.