Study Of The Disciplinary Mechanism Of The Person Who Has Broken Promises And Against Whom A Judgment Is Enforced

For a long time,the difficulty of enforcement of civil litigation has been attached great attention to by all sectors of society.Some debtors fail to perform due obligation defined in effective legal instruments,which seriously affects the timely realization of the creditor's interests.Therefore,the disciplinary mechanism of the person who has broken promises and against whom a judgment is enforced in the Procedural Law of China.In combination with other departments and units,the people's court takes disciplinary measures for the person who has broken promises and against whom a judgment is enforced and makes him or her fulfill obligation under pressure as a result of restriction on his or her production,life and other aspects.The implementation of the disciplinary system of the person who has broken promises and against whom a judgment is enforced in our country has already effectively relieved the difficulty of civil execution.However,this system has been established shortly,there are still a lot of deficiencies existing in legislative designation and judicial practice which should be settled.Owing to the lack of the foundation of higher-level laws and the legislation of credit,the social credit system is not perfect and the level-to-level disciplinary system for the person who has broken promises and against whom a judgment is enforced has a lot of deficiencies.Meanwhile,there are some problems,such as the disciplinary measures' violating the principle of taking the responsibility on his or her account,the poor operation of the disciplinary linkage mechanism,and the lack ofmeasures for remedy and compensation and an effective supervision system.Therefore,the legislative designation should be improved,the social credit system should be perfected,the level-to-level disciplinary system of the person who has broken promises and against whom a judgment is enforced should be set up,the measures of remedy and compensation should be improved,and the inspection system should be established and perfected.The study of the disciplinary mechanism of the person who has broken promises and against whom a judgment is enforced is helpful to increase the efficiency of the cases of civil execution,guarantee the creditor's timely realization of rights and interests,promote the construction of social credit system,and further demonstrate the judicial public credibility.