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China; PRC; Mainland China; Social Credit System; Judgment Enforcement; Blacklisting Judgment Defaulters; Discredited Judgement Defaulters; Blacklisting Discredited Parties; Moral Conviction; Joint Sanctions; Double Punishment; Legality; Reasonableness; Due Process; Rule of Law; Civil Compulsory Enforcement Law
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“Moral Conviction” Plus “Joint Sanctions”: The Judgment-Defaulter Blacklist System In China, Ding Chunyan
“Moral Conviction” Plus “Joint Sanctions”: The Judgment-Defaulter Blacklist System In China, Ding Chunyan
Brooklyn Journal of International Law
Although there has been literature generally discussing China’s social credit system, little research carefully examines the nature and logic of the judgment-defaulter blacklist system, from which the broader blacklist system under the social credit system originated. This article reveals that China’s judgment-defaulter blacklist system pragmatically utilizes a strategic combination of “moral conviction” and “joint sanctions” to remedy the failure of the judiciary to perform its duty of judgment enforcement and the ineffectiveness of the legal approaches to enhancing judgment enforcement. The judgment-defaulter blacklist system runs parallel to the existing legal system and will likely impose double punishment on discredited judgment …