Research On The Protection Of The Rights Of Persons Subject To Enforcement Of Dishonesty

The person subject to dishonest civil debtor in this article refers to the person subject to execution for breach of trust who has the capacity to perform but refuses to perform the obligations specified in the effective legal document and accepts the disciplinary measures for breach of trust according to law.In order to maintain the authority and the dignity of the legislative or judicial documents,safeguard the legal rights of the litigant,punish the destroyer of judicial credibility,our country has a lot of dishonest civil debtors subjected to execution for the disciplinary measures,these measures to limit the dishonest civil debtor in different degrees including equality,personal freedom and political rights,social and economic rights and other basic rights.Credit deficiency from the point of theoretical analysis,property damage to creditors,making it difficult to law enforcement work,it is necessary and the reason of broken promises to restrict and deprived of the rights of the person subjected to execution,however,in order to seek the judicial credibility social basic interests and faithless person subjected to execution,such as the balance between the basic rights of citizens.There should also be a limit to the disciplinary measures for breach of trust,beyond which individual rights will be infringed.This article will further discuss the protection of the rights of the dishonest civil debtor from the legal principle of disciplinary measures,the boundary of the rights of the dishonest civil debtor,the adjustment and even the violation of these rights by disciplinary measures and the reasons.The first chapter discusses the disciplinary measures for breach of faith and the limits of the protection of the rights of the person subject to execution.The problem of execution has long been a difficulty in the work of the judicial organs,urging those who have broken their promises to perform their debts as soon as possible,and deterring and punishing those who have broken their promises.However,in the process of execution,attention should be paid to grasp the limit of the limitation of rights,exceeding the limit will cause infringement on the legal rights of the person who has broken his promise,and protect the boundary of the rights of the person who has broken his promise,including the rights of person,property and politics.The second chapter explores the theoretical basis of the protection of the rights of the dishonest civil debtor.Does the person who has broken his promise have rights? Why the right? In fact,the disciplinary measures and the protection of the rights of the dishonest civil debtor are unified in opposition.On the surface,there are contradictions and conflicts between the disciplinary measures and the protection of rights.In fact,the implementation of the disciplinary measures serves the protection of rights.In order to explore the basis and source of the right of the person who has lost faith,this paper explores the universal right of the p dishonest civil debtor from the theory of human rights and the basis of law.However,due to the special status of the person subject to execution who has broken his promise,his rights are unique and fragile,and special protection is given to his special rights.Third chapter based on the theory of faithless person subjected to execution rights,analyzing current dishonest civil debtor in the execution system of the phenomenon of inadequate protection of the rights,including the personal freedom rights of the f dishonest civil debtor subjected to execution of inadequate,insufficient human dignity rights protection,inadequate property rights safeguard,procedural rights are not sufficient,limit their children's education rights.The reasons include: imperfect implementation of legislation,imperfect property investigation mechanism,lack of a complete credit rating system,lax implementation procedures,and lack of supervision system.In the fourth chapter,aiming at the insufficient protection of the right to be executed for breach of trust,this paper discusses the ways to improve the protection of dishonest civil debtor who has been executed for breach of trust: establishing a legal system for the person who has been executed for breach of trust,standardizing the content of information disclosure,establishing a supervision mechanism for reasonably supervising the execution of the punishment for breach of trust,and reasonably applying the punishment system to the dishonest civil debtor.In order to guarantee the right of survival and development of the dishonest civil debtor,the state may establish a bankruptcy system for natural persons in combination with the actual domestic situation.To punish the dishonest civil debtor,safeguard the judicial authority and credibility,and balance the rights between the applicant and the dishonest civil debtor.Only in this way can we meet the requirements of protecting human rights and the purpose of ruling the country according to law,and create an environment of orderly execution.