Research On The Information Disclosure System Of The Untrustworthy Subject

The information disclosure system of faithless judgment debtors is established in the judicial practice in China in order to solve the problem that judgment debtors has property but escape or resist the execution.And this system has developed a lot in the process of court informatization and in the context of ‘basically overcome the difficulties in the execution of court judgments'.The purpose is to publicize the information of the person who has broken his/her promise and to take disciplinary measures to urge the debtor to perform the debt on his/her own initiative so as to alleviate the problem in the execution of court judgments.The legitimacy and feasibility of the information disclosure system of the faithless judgment debtors come from its theoretical basis,that is,the concession of personal interests to public interests,including the need to maintain public authority,the value judgment of ‘giving priority to efficiency and take count of equity simultaneously' as well as the application of the principle of judicial openness in executive routine.In addition,the necessity of this system comes from its basic position in all the disciplinary measures of execution and its key role in the construction of social credit system.Nowadays,on the one hand,rich experience is accumulated Through legislation and local practices.As a result,the overall situation of the execution has been improved significantly,which effectively facilitates the realization of the target of ‘basically overcome the difficulties in the execution of court judgments.On the other hand,there are some problems in the system design and practice of the information disclosure system of the faithless person judgment debtors,such as the lack of legal basis for some disciplinary measures,the neglect of the privacy right of the faithless judgment debtors,the low efficiency of the information deletion from the list of faithless judgment debtors,and the weak initiative of the other members in the executive consortium.By referring to ‘Civil procedure law of the People's Republic of China' and ‘Some Provisions of the Supreme People's Court on Publishing Information on the List of Faithless Judgment Debtors' as well as discussing the problems above,this paper puts forward the following four suggestions.The first is to speed up the construction of social credit system.The second is to improve the relevant legislation.The third is to further strengthen the executive consortium.and the fourth is to gradually improve the legal awareness of the whole society.The improvement of this system is of great significance for increasing the efficiency of court execution,maintaining judicial credibility and building our social credit system.