Perfection Of Punishment Mechanism For Persons Subject To Enforcement For Trust-breaking

People without letter does not stand,industry without letter does not prosper,the country without letter is not strong.One of the two fundamental ways for the people’s courts at all levels to solve the "difficulty in execution" is to "punish the persons subject to enforcement for breaking trust".The refusal of the person subject to enforcement for trust-breaking to fulfill the effective legal documents violates the social integrity morality and the principle of honesty and credit,not only infringes on the legitimate rights and interests of the winning party,but also damages the authority of law and judicial credibility.In recent years,our country has been increasing the cost of trust-breaking by increasing the punishment intensity and the strike intensity of resisting enforcement,and urging the people subject to enforcement of trust-breaking to actively fulfill the effective legal documents.The implementation of the punishment mechanism for persons subject to enforcement for trust-breaking based on the list system of persons subject to enforcement for trust-breaking has greatly hit persons subject to enforcement for trust-breaking and formed a pattern of punishment and governance for persons subject to enforcement for trust-breaking,and the problem of difficult enforcement has been basically solved.In China,the punishment mechanism for persons subject to enforcement for trust-breaking started late and has a short practice time.Therefore,the punishment mechanism for persons subject to enforcement for trust-breaking needs to be further improved to ensure the long-term effective operation of the punishment mechanism and the development and construction of the social credit system."Trust" in persons subject to enforcement for trust-breaking shall be understood as "honesty and credit".Under the theoretical background of "economic man hypothesis",the person subject to enforcement for trust-breaking violates the principle of honesty and credit by not fulfilling the effective legal documents based on the consideration of "trust-breaking cost",and should be punished by the public power of the state.The court,in conjunction with state organs and social organizations,shall apply disciplinary measures prescribed by law to persons subject to enforcement for trust-breaking in accordance with legal procedures.By analyzing the relevant legal norms and implementation data of the punishment mechanism of persons subject to enforcement for trust-breaking in China,the existing problems and causes are found out.Due to the lack of relevant laws and regulations and the lack of upper law,the punishment procedure of persons subject to enforcement for trust-breaking is not sound and the legality is doubtful;The imperfection of relevant supporting measures such as property investigation system and property declaration system makes the court unable to accurately identify persons subject to enforcement for trust-breaking;One-sided emphasis on the strength of punishment violates the principle of the unity of punishment,resulting in a waste of judicial resources,ignoring the protection of the basic rights of persons subject to enforcement for trust-breaking;The lack of social attention and public participation is also one of the reasons for the poor operation of the punishment mechanism for persons subject to enforcement for trust-breaking.Therefore,the enforcement Law and social Credit Law can be formulated or the punishment of persons subject to enforcement for trust-breaking can be embedded in other legal norms to provide legal basis for the punishment mechanism of persons subject to enforcement for trust-breaking and improve the punishment procedure of persons subject to enforcement for trust-breaking.It is necessary to improve supporting measures such as property investigation and exclude persons subject to enforcement who have "no ability to perform".At the same time,it is necessary to emphasize the interpretation of law by judges to unify the identification standards of persons subject to enforcement for trust-breaking.Applying different disciplinary measures to different persons subject to enforcement for trust-breaking can not only achieve better disciplinary effect,but also accord with the principle of efficiency and the principle of unity of responsibility and punishment.Advocating public participation and improving the professional quality of judicial staff and the concept of rights protection are important guarantees for the long-term and effective existence of mechanisms of penalty dishonesty.