Research On The Joint Disciplinary Mechanism Of The Faithful Executors

Law proverb: "Execution is the end and fruit of the law." Enforcement is the termination procedure of litigation,which directly affects the fairness and authority of judicial procedures.The difficulty of execution has always been one of the major difficulties facing China's judicial reform process.The behavior of the enforced person who has the ability to fulfil the debt but evade the performance is not uncommon.This behavior has become a serious problem for the executive department of the people's court and seriously violated the application executor Legal rights.In this context,the Supreme People's Court has continuously explored in practice,based on the list of dishonesty executors,and tried to urge the dishonesty executors to perform their legal obligations in good faith by establishing a joint disciplinary mechanism for dishonesty executors.The joint disciplinary mechanism of dishonesty is essentially in the category of indirect enforcement.It does not directly affect the subject of execution,but by restricting the economic activities of the dishonesty,the purpose of urging the dishonesty to perform its obligations automatically is achieved.As far as the content of the system is concerned,the main body of implementation includes the court and the department that signed the memorandum of cooperation with the court.Its power comes from the law,judicial interpretation and policy regulations,and the target of the implementation is only for the dishonest person,including natural persons,legal persons and other organizations.The People's Court uses information disclosure and information sharing methods to implement credit disciplinary measures across sectors,fields,and industries.Through the establishment of market access and administrative approval in some key areas,such as finance,construction,e-commerce,etc.Restrictions in terms of holding positions,high consumption,etc.,together reduce the economic activity space of the dishonest person,and force them to fulfill their obligations on their own initiative.In recent years,the Supreme People's Court and the Party Central Committee have actively promoted the system design of joint punishment for dishonesty,and further strengthened the punishment for dishonesty executors through the formulation of laws,regulations,judicial interpretations,and policies.At the same time,the local people's courts and the government have also actively explored and practiced,and combined with local actual conditions to further innovate and develop their systems,continuously innovate in judicial practice,accumulate experience,and make the overall execution of the people's courts significantly improve,and the rate of case completion Improve and severely crack down on dishonest behaviors,effectively helping to build a credible society.However,at this stage,the development of the joint disciplinary mechanism for persons who have committed dishonesty in our country is still immature.There are still many problems in the joint disciplinary mechanism itself or in the course of practice.For example,there are problems in the joint disciplinary system itself.Being improperly spread,the scope of the subject of punishment is improperly expanded,and the procedures are not perfect.These problems will seriously hinder the implementation and development of the mechanism and violate the original intention of the legislation.Through the understanding of the current status of legislation and implementation,the reasons for the current issue of joint disciplinary mechanisms are mainly reflected in three aspects: first,in the area of ??legislation,there is a lack of a unified and clear upper law to guide practical work,and the existing legal basis is low The legal provisions are weak in operability.Without strong laws as support,the operation of the joint disciplinary mechanism will be significantly affected.Secondly,in terms of law enforcement,the joint punishment subject's line of responsibility is blurred,and the lack of effective implementation supervision has led to heavy obstacles to implementation.Finally,in terms of society,the uneven economic development of the region and the influence of traditional ideas have led to untrustworthy persons.There are obvious differences in the effects of punishment.Therefore,it is imperative to seek reasonable rules to improve the joint disciplinary mechanism for the dishonesty.In view of the current problems of the mechanism,we should proceed from the actual situation of system construction and operation,and propose perfect suggestions "point-to-point".At the legal level,we should speed up the formulation of the "Enforcement Law",refine relevant legal provisions,and guide practical work through uniform and clear legal provisions;in terms of procedure setting,implement notification procedures,add graded disciplinary procedures,and improve relief procedures,Effectively safeguard the proceduralrights of the person who is being dishonest;in the implementation of joint disciplinary measures,standardize the disclosure of information on the subject of the disciplinary subject,accurately define the scope of the subject of the disciplinary subject,strengthen supervision during the implementation of the disciplinary measure,and effectively guarantee the smooth operation of the mechanism in practice.