Influenced by factors such as the era,legislative concepts,cultural traditions and theoretical foundation,China's legislature,judiciary,law enforcement agencies and the like have long tended to put more emphasis on the protection of the interests of creditors than those of debtors.This not only restricts or even jeopardizes the debtor's rights to subsistence and development,but also runs counter,to a certain extent,to the principle of equality of civil subjects established in the Civil Code,which is not conducive to the full implementation of the Civil Code,the modernization of China's system and capacity for governance based on rule of law,and the promotion of high-quality development.To improve the system of equal protection of the legitimate rights and interests of debtors,it is necessary,first of all,to systematically review the laws,regulations and judicial interpretations that go against the equal protection of those rights of debtors,so as to establish,at the legislative level,the value orientation and rule system for the equal protection of the legitimate rights and interests of debtors.Secondly,the judicial concept and measures of equal protection for creditors and debtors should be strengthened.We need to insist on active performance of duties and balance the rights and obligations between creditors and debtors in trials.Thirdly,it is necessary to adhere to the idea of good faith and civilized execution in forced enforcement,taking into consideration the debtor's rights to subsistence and development while realizing the creditor's rights.Fourthly,more strict and standardized administrative enforcement are needed to prevent public power from unjustifiably harming the legitimate rights and interests of debtors by action or non-action.Fifthly,we should adhere to and develop the'Fengqiao model'of the new era,and give full play to the comprehensive mechanism for the prevention,mediation and settlement of social conflicts.We should also better the dispute resolution mechanism outside the litigation while promoting the method of preventing and resolving disputes from the source.In addition,the grassroots resources to resolve disputes should be mobilized so that the contradictions and disputes between creditors and debtors can be stopped before they occur.
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