Research On The Protection Of The Rights Of Dishonest Persons Subject To Enforcement Under Joint Credit Punishment

With the development of our country's credit legislation of credit reporting system is perfect,the joint credit punishment is widely applied to all aspects of the social governance,offers a new way for the construction of good faith society in the judicial field,we build the faithless person subjected to execution list as relying on the credibility of the person subjected to execution joint credit punishment system,to solve the main purpose of this system is the most effective tools for courts to enforce difficult insincere person subjected to execution to take limit for measures such as restriction of high consumption loans,forcing faithless person subjected to execution legal obligations in a timely manner,to solve the problem of execution of court judicial explanation of supreme people's court issued in 2007 Information about the faithless person subjected to execution list a number of rules,then establish the legitimacy of the information disclosure of the faithless person subjected to execution,the Supreme People's Court and with other departments in the form of by signing a memorandum reached a faithless person subjected to execution for joint credit discipline cooperation,perfect the disciplinary measures joint credit punishment as the court execution work innovation,achieved good effect.Faithless person subjected to execution joint credit punishment system is a system design from scratch,it both in theory and in practice there are still more problems cannot be ignored,especially how to deal with the interests balance between the creditor and the debtor and the power of the court boundary point faithless person subjected to execution institution of disciplinary punishment joint credit's aim is to have performance ability and intentionally fails to perform the promise the person subjected to execution to take all aspects of the restrictions,seriously affect the production and living,promise the person subjected to execution to make it as soon as possible in order to restore their life quiet and active duty Now the international community is attaching more and more importance to the protection of human rights,and the behavior of the person subjected to execution should be punished.But,the person subjected to execution,as a person,its so enjoy basic human rights are not violated,the faithless person subjected to execution of punishment,matching and its degree of credibility to follow the principle of the statutory proportion,not to force its obligations arbitrarily imposing harsh disciplinary measures,therefore,in a joint credit discipline system based on the faithless person subjected to execution dishonest person subjected to execution rights as visual Angle,this paper from theory and practice to strengthen the legitimacy of faithless person subjected to execution rights protection as well as the existing problemsBased on the joint credit disciplinary breach in the view of the person subjected to execution rights and dishonest person subjected to execution rights firstly summarizes the current legislation present situation and the practice of the status quo and the problems existing in the refined,secondly systematically discusses the dishonest person subjected to execution for the necessity of the protection of the rights,studied the Germany and South Korea is how to balance the interests of creditors and debtors,protection of the rights by drawing lessons from the experience for our country to strengthen the international faithless person subjected to execution rights put forward constructive suggestions.The first chapter mainly discusses the faithless person subjected to execution the present situation of and problems existing in the protection of the rights the author collected and faithless person subjected to execution joint credit discipline related legal provisions and reading around the court about the news reports on the implementation of the credit punishment,from the legal level and practice level discussed current situation from the current law and practice,the promise of the person subjected to execution has a lot of problems,therefore,protection of the rights in the article the author puts forward in the aspect of law into the promise of the person subjected to execution list not clear lack of procedural standard lack of disciplinary classification mechanism The lack of relief system and other problems,as well as the non-standard execution of the court in practice.The second chapter is mainly on the basis of the first chapter discusses the necessity of strengthening the protection of the rights of the person who has broken faith.Secondly,the disciplinary mechanism of breach of trust itself will have an impact on the rights of the person whose breach of trust is executed,and the problems existing in this system may further infringe the legal rights of the person whose breach of trust is executed.Therefore,the author mainly discusses the necessity of strengthening the protection of the rights of the person whose breach of trust is executed from these two aspects.Due to foreign mature than the credit legislation and system construction,and pay more attention to the human rights safeguard,so I through the awareness of the faithless person subjected to execution through the literature joint credit discipline system and the most representative of German debtor register south Korean debt defaulter registry system,in the third chapter of this paper in detail discusses I first introduced the system the main content of the two countries,then outside dishonest person subjected to execution system and our country's joint credit punishment system comparison,summed up the different places according to the system of our country's situation,draw lessons from foreign aspects worthy of our learning.The fourth chapter is for our joint credit disciplinary breach under the person subjected to execution,the problems of protection of the rights by drawing from abroad in breach of the person subjected to execution,the rules of the protection of the rights to perfect the faithless person subjected to execution rights we should accelerate the establishment of defects to enforce law,discussed with dishonest person subjected to execution rules joint credit punishment system,perfecting the faithless person subjected to execution,the rules of the protection of the rights in order to better guide the practice At the same time,we should promptly correct the excessive infringement of the rights of the person subjected to execution,establish a systematic supervision process and feedback mechanism,so as to make the joint credit punishment system of the person subject to execution more healthy operation,and become an important means to solve the implementation difficulty.