Research On Joint Punishment Mechanism Of Dishonest Persons Subject To Enforcement

With the development of information technology,big data has completely taken root in all aspects of production,management and life of social subjects such as individuals and enterprises.Therefore,it is also more conducive and convenient to the updating of the mode of credit supervision and credit punishment of social subjects.At present,on the basis of China’s top-level design emphasis,this will be the development trend.The joint punishment mechanism of dishonest persons subject to enforcement that this paper intends to study is produced under such a background.The essence of the joint punishment mechanism of dishonest persons subject to enforcement is to weave ‘a web of interlocking restrictions’ on the personal life,production activities and other aspects of persons subject to enforcement for trust-breaking,so as to force the dishonest persons subject to enforcement to automatically fulfill their obligations.The people’s court is the leading implementation subject.At present,the judicial interpretation of the Supreme People’s Court,rules,policies or programmatic documents are the main ones in practice.By sharing information in the system,the people’s court sets various kinds of joint restrictions in some key areas,such as restrictions on industrial access,restrictions on honor and credit granting,restrictions on special market transactions,restrictions on government support or subsidies,restrictions on high consumption,etc.,which affect their lives and force them to pay debts in order to return to normal life.In recent years,China has paid more attention to the promotion and construction of joint punishment mechanism of dishonest persons subject to enforcement.In terms of the construction of the upper basis,new policies and guidelines have been issued continuously to guide the implementation direction.In the implementation,it is to continue to learn from experience,promote the effectiveness of the implementation.At present,under the joint promotion of policy and practice,the court constantly punishes dishonest persons subject to enforcement,and reverses the problem of ‘difficult enforcement’ year by year.We can see the current situation where creditors’ losses can be continuously recovered,and the government’s determination to build an credible society.However,at this stage,the joint punishment mechanism of dishonest persons subject to enforcement in China is still in the exploratory stage,and how to effectively,legally promote this mechanism still needs continuous research and improvement.Meanwhile,we should also pay attention to some existing problems of this mechanism,including difficulty in withdrawing from the trust-breaking list,the implementation of non-classification,the joint punishment not be fully carried out,and lack of the relief for misrecording.If these problems cannot be effectively solved,with the aggravation of these problems,the loopholes of the joint punishment mechanism of dishonest persons subject to enforcement will become more and more obvious,and the implementation effect will be greatly reduced.Therefore,China should improve relevant laws and regulations,refine the contents of the joint punishment mechanism,and make the joint punishment mechanism can be effectively supervised.This thesis studies the joint punishment mechanism of dishonest persons subject to enforcement,and provides a feasible basis for the executive,which can effectively deal with the enforcement cases and protect the rights and interests of the creditors.This thesis also puts forward some suggestions on the construction of relevant judicial credit system to highlight judicial authority and deter potential trust-breakers to a certain extent.