失信执行公众参与制度研究

Study on the Public Participation System for Execution against Untrustworthy People

失信执行是近年来司法执行面临的突出难题,目前对失信人的执行以法院、公安等公权力机关为主导,采取信息共享和行为限制等措施进行,缺乏公众的参与。失信执行的效果不仅影响司法公信还直接关系社会诚信建设,法院对失信"执行难"问题的解决可挖掘公众力量参与其中。失信执行是公众参与的新领域,其面临着"四难":参与限度深浅的把控难、公权对私权干预界限的划定难、参与积极性调动难、参与安全性保障难。可通过划定参与"红线"、公权力机关引导参与、明确参与空间、多措施鼓励参与等一系列配套制度进行保障。

The execution against untrustworthy people has been a prominent problem in the judicial implementation in recent years. At present, the execution against untrustworthy people is carried out with the public organs, such as the court and Police Department as a leading role. They usually use the measures like information sharing and behavior restriction, and lack the public participation. The effect of the execution against untrustworthy people not only affects the judicial public trust but also directly matters the construction of social integrity. The court’s solution to the problem of "difficult execution" especially against untrustworthy people can tap the power of the public. Public participation in execution against untrustworthy people is a new field, which is faced with "four difficulties" : difficulty in controlling the limits of participation, difficulty in defining the limits of interference between public power and private power, difficulty in mobilizing enthusiasm for participation, and difficulty in ensuring safety of participation. It can be guaranteed through a series of supporting systems, such as delimiting the "red line" for participation, guiding participation by public organs, clarifying the space for participation, and encouraging participation through multiple measures.