论失信被执行人的权利保护

Protection of Rights of Dishonest Persons Subject to Enforcement

失信惩戒机制作为当前破解“执行难”的重要制度设计,对构建诚信社会、重塑良好风气意义重大。但其作为新生事物,自是存在许多短板尚需论证与完善。本文即从惩戒机制的性质、当前依据的渊源、适用手段及力度这些问题为切入进行论证,继而提出对失信被执行人的合法权利应予以明晰保护,动用公权力进行惩戒时,应当依法行政、符合比例原则。惩戒与保护二者兼顾才能使失信惩戒机制臻于完善,使之体现依宪治国与依法治国的精神内涵。

The establishment of the punishment mechanism for dishonesty is a series of system designs made by our country in order to safeguard the dignity of court judgments and deal with the current situation of social dishonesty.It is of great significance to build a honest society and rebuild a good social atmosphere.However,in the current specific historical environment,the punishment mechanism for dishonesty,as a new thing,is not perfect and its shortcomings are prominent,among which public opinion is often aroused.The controversial issue between theory and academia is the boundary between restriction and restriction of the rights of the discredited enforcers.Under the background of building a socialist country ruled by law,the restriction of public power and the protection of citizens'rights are the meanings of running the country according to the Constitution and according to law,and the object of which should include the executed person who is dishonest.Therefore,it is particularly necessary to explore the protection of the rights of the discredited persons to further standardize the disciplinary mechanism of discredit.Punishment and protection constitute the two sides of the coin of"rule by law",which is the inevitable choice to make the punishment mechanism of dishonesty more harmonious into the strategy of ruling the country by law.