Research On The Legal Regulation Of Information Disclosure Of The Disbelieved Executee

The operating principle of information disclosure of dishonest executee is to restrict the personal and property rights of dishonest executee by publishing the personal information of dishonest executee,and force the dishonest executee to fulfill his obligations on his own initiative.Under the situation that the national people's courts concentrate their efforts on "deciding to win and basically solve the difficulties in execution",this paper collates and counts the execution data of the Supreme People's Court's Work Report from 2013 to 2018 and the China Execution Information Open Network up to February 2019.It is found that with the implementation of the information disclosure mechanism for the discredited persons,the number of people who are deterred from punishment and voluntarily fulfill their obligations and the payment in place.The amount has increased year by year,and substantial progress has been made in "basically solving the problem of difficult implementation".However,through the analysis of the operation effect of the information disclosure mechanism of the discredited person,this paper finds that there are many cases of improper information disclosure in practice.By summarizing the above-mentioned inappropriate situations,we can conclude that there are five problems in the current information disclosure mechanism of dishonest persons:(1)the threshold of incorporating the list of dishonest persons in the whole country is too low;(2)the provisions of the public content and mode are general;(3)the absence of the rules of differentiated information disclosure;(4)the delayed updating of dishonest information;(5)the absence of supervision rules and accountability rules.These problems not only impair the personal and property rights of the discredited persons,but also hinder the long-term operation of the information disclosure mechanism of the discredited persons.The reason is precisely because the current legislation is not perfect,the people's court has not properly solved the conflict between creditor's creditor's rights and the personal information rights of the discredited person,as well as the conflict between the public rights of state organs and the private rights of the discredited person.Therefore,the core content of this paper is to solve the conflict between creditor's creditor's rights and the personal information rightsof the discredited executee,as well as the conflict between the public rights of state organs and the private rights of the discredited executee,so as to improve the information disclosure mechanism of the discredited executee in our country.By comparing and drawing lessons from the excellent legislative experience of the German debtor list system,this paper puts forward that the disclosure of information of discredited persons must follow the principles of punishment and responsibility compatibility,proportionality,information security and rights relief,and puts forward the following suggestions for improving the information disclosure mechanism of discredited persons in China:(1)Strictly incorporating the national list of discredited persons into the standard;(2)Standardize the content and mode of disclosure;(3)Establish differentiated information disclosure rules;(4)Improve the update rules of dishonest information;(5)Establish supervision rules and accountability rules.