Research On The System Of The List Of Defaulters

As a credit punishment measurement,system of the list of defaulters adopts legal instruments which have already come into force as its implementation basis,and urges the defaulters to voluntarily perform corresponding obligations through social blame.This has turned system of the list of defaulters an effective measure to cope with the difficulty of enforcement.Nevertheless,some problems have been found with the list of defaulters,including ambiguity of standards to list defaulters,lack of unity of punishment standards,abuse of measures limiting personal freedom,etc.Additionally,relief channels for punishment means are also faced with the following defects,such as absence of supervision,difficulty of litigation,and difficulty in claiming for compensations.All these problems involve not only a strong conflict between the public right and the private right,but also the disputes of rights and obligations among parties related to the legal instruments.Hence,the current system design has been confronted with a severe test,that is,how to protect legitimate rights and interests of different parties in enforcement procedures of punishment measures.Improvement of the system of the list of defaulters relies on concerted efforts of legislation design,system application procedures,and right guarantee system.First of all,the concept of human right guarantee should be implemented in terms of legislative design,and the legislation of law enforcement should be promoted.Additionally,application conditions for application procedures as well as information publication channels and scope should be standardized.Moreover,the withdrawal and obliteration mechanism construction should be promoted.At last,defaulters’ rights can be guaranteed through strengthening of supervision,standardization of administrative litigation procedures,and establishment of the mechanism for compensation claim.Only when all these problems arising from the implementation process of the system can the law enforcement be brought back to the right track for further improvement.