A Study On The List System Of Persons Subject To Dishonor

The vitality of law lies in its implementation.The implementation procedure is the last and most critical link in the process of our judicial activities.It is related to the realization of the legitimate rights and interests of the people,the promotion of the national judicial credibility and legal authority,and has an important strategic significance for the construction of the national integrity system.In recent years,with the deepening of the reform in an all-round way,the non-governmental economic activities have become more active,various problems and contradictions have also been exposed,and the number of litigation cases has been increasing,but many effective legal documents have not been implemented,which are called "white legal notes" by the people,and the problem of difficult implementation is killing the public’s interest in national judicial organs Trust and expectation.Therefore,in order to win this crucial battle,maintain the legal authority and judicial credibility of the state,and strengthen the people’s confidence in the overall rule of law and the construction of a socialist country ruled by law,in 2013,the Supreme People’s court established the list system of dishonest executors,promoted joint punishment of dishonest executors,and worked hard to solve the problem of avoiding execution.As a kind of credit disciplinary measure,the system of the list of dishonest Executees has a unique mechanism and profound theoretical basis.Its internal logic and self consistency also conform to the rational spirit of the rule of law,which is a good weapon to solve the problem of "difficult execution".However,the execution procedure is the most intense link between the public power and the private subject.In this process,there are situations in which the private interests compromise with the public interests,and there are also conflicts and frictions between the rights and interests of the private subject,resulting in the conflict of the basic rights.How to balance the interests of the state,the person subjected to enforcement and the person applying for enforcement in the conflict and protect the core of private fundamental rights from infringement is the primary consideration of legislators and system designers.Practice shows that in the process of the operation of the system of the list of dishonest Executees,there are also violations of private rights and interests caused by the abuse of public power,so that the basic rights of the Executees are improperly restricted,resulting in the unequal rights and obligations.Therefore,we need to improve this system and make it operate orderly on the track of rule of law.At the beginning of this paper,the author introduces the operation of the system of the list of dishonest Executees,analyzes the operation mode of the system from the perspective of legal norms,and then makes an analysis of the mechanism ofthe system function,which is structured by stigma and social criticism,the interest measurement of rational people,and the theory of privacy transfer,and has the basis of legitimacy and rationality.The second chapter analyzes that the boundary of the rights of the dishonest executor is based on the non infringement of the rights of the executor and the public interest.In the face of the conflict of the basic rights between the private,the state should intervene and intervene moderately,and balance the conflict of the rights by using the principle of proportion and the principle of best reconciliation.The third chapter makes a comparative analysis of the relevant foreign systems and domestic systems,learning from advanced experience.The last chapter puts forward suggestions on the improvement of the system of the list of dishonest persons to be enforced,in order to expect new progress and breakthroughs in the future.