Reflection And Optimization Of The Information Disclosure Of Dishonest Civil Debtor

The information disclosure system of dishonest civil debtor is a credit punishment mechanism in the field of civil enforcement whose aim is to disclose the dishonest information of civil debtors to the society to reduce their social evaluation and to achieve the purpose of urging them to fulfill their obligations.In order to solve the big problem of "enforcement difficulty " that has plagued China’s judicial system for a long time,and establish and perfect the social credit system as soon as possible,the disciplinary measures of information disclosure have been frequently used by courts in recent years.In terms of the disclosed content,the information of civil debtor’s portrait,company,home address and other information have been disclosed.In terms of the disclosed manners,the implementation of various App pushing,entering into the community,the telephone ringing tone,and the enforcement on special occasions have become the new and normal phenomenon.Many civil debtors automatically comply with their obligations under the pressure of punishment.Although the measures has achieved remarkable results,it is also confronted with many problems,so that the relevant rights of the civil debtors are improperly restricted,affecting their basic lives.Starting from the current situation of various disclosures,this paper analyzes the shortcomings of the system in practical operation,and puts forward the corresponding improvement ways to standardize the orderly and healthy development of the information disclosure system in the field of civil enforcement.In addition to the introduction and conclusion,this paper consists of three chapters.Chapter 1:The summary of the information disclosure system of dishonest civil debtor.The chapter mainly introduces the theoretical basis and practical demanding of the information disclosure system of dishonest civil debtor,and summarizes the various forms of disclosure in the current practice.Chapter 2:The problems and effects of the information disclosure of dishonest civil debtor.The chapter analyzes various problems existing in the current operation of the information disclosure and discusses its bad effects on the civil debtor.Chapter 3:The improvements of the information disclosure system of dishonest civil debtor.The chapter puts forward the corresponding improvement ways to the difficulties that the information disclosure faces.Firstly,it introduces the application of the proportional principle to regulate the system,and tries to build a credit punishment classification model and uses different degrees punishment ways according to different dishonest behaviors.Then it regulates the contents and methods of the information disclosure,the elimination mechanism of dishonest information,and the relief mechanism of the dishonest civil debtor.