On Full Protection Of Untrustworthy Subjects In The Joint Punishment System For Untrustworthy

At present,the problem of lack of social credit is more and more prominent in the process of economic development.Therefore,the establishment of a complete social credit system in a timely manner has become the due meaning of the rule of law government.In China's credit supervision system,administrative agencies rely on public credit reporting platforms established by the government to impose joint punishments on dishonest subjects in order to effectively adjust and standardize the market behavior of counterparties.However,due to the lack of basic legal norms to support credit supervision at present,the exercise of the power of joint punishment lacks the necessary legal control.The system of protecting the rights of the enforced persons in breach of joint punishment needs to be further improved.In the current legislative situation,how to effectively regulate the practical operation of the joint disciplinary system and how to protect the legitimate credit rights and interests of counterparties requires the supervisory authorities to make full use of existing laws and regulations to provide necessary regulations for disciplinary punishment.Credit supervision needs to practice the principle of the rule of law.In order to achieve the effective operation of the rights protection system in joint punishment,at the current stage of practice,the concepts of administrative punishment,administrative coercion,and "no more punishment for one matter" in administrative law need to be clearly defined.At the same time,the implementation of joint disciplinary measures should also address the issue of legal convergence between credit legislation and traditional administrative law systems.In addition,many practical issues such as disputed disciplinary benchmarks,unclear scope of disclosure of personal information,and protection of citizens' privacy rights faced by the implementation of joint sanctions need to be further solved by improving the rights protection system in joint sanction.In the future development of China's credit supervision system,it is necessary to further clarify the hierarchical relationship between the implementation of joint disciplinary measures against dishonesty,the protection of citizens' basic rights,and the principles of administrative rule of law.At the current stage,administrative law is used toprotect the citizens' credit rights and interests in joint punishment.In the relevant legislative practice of joint punishment,it is necessary to continuously improve the various laws and regulations in central and local legislation that should be implemented in joint punishment to further improve The normative nature of the rights protection system;in the law enforcement practice related to joint punishment,it is necessary to further clarify the public scope of citizens' credit information by practicing the basic principles of the rule of administrative law,so as to help the administrative supervision organs make prudent administrative discretion in law enforcement;In the judicial practice of punishment,relief channels such as administrative reconsideration,administrative litigation,and state compensation need to be unblocked,so as to provide reliable institutional support for the protection of citizens' credit rights.Only by giving full play to the regulatory functions of administrative law in the legislative,administrative,and judicial fields,can the standardized joint punishment be merged with the traditional social governance system on the track of the rule of law,and the rights protection system in China's joint punishment can be further improved to ensure credit.The effectiveness of regulatory governance has been brought into full play.