On The Legalization Of The Practice Disciplinary System In China

From a global perspective,the more developed the market economy is,the better the system of punishment for dishonesty will be.With the development of China's economy,the demand for disciplinary systems for dishonesty continues to increase.Against this background,the system for disciplinary treatment for dishonesty has also been gradually established.Although the law of disciplinary punishment in China started late,the number is large.A perfect system needs to stand the test of the rule of law,and the system of disciplinary punishment is no exception.Considering that China's legislation on dishonesty punishment has a late start and a large number,it has been studied to ensure that it runs reasonably on the track of rule of law.Through research on a large number of disciplinary legislation on dishonesty,it is found that some laws have flaws in legitimacy.Among them,there are flaws of legitimacy at the formal level,and there are flaws of legitimacy at the substantive level.The flaws of formal legitimacy are reflected in the deviation from the principle of administration according to law and the violation of the principle of legal authority.Substantive legitimacy defects are manifested in violations of the improper connection prohibition principle,proportionality principle,and respect and protection of human rights principles.In addition,substantive legitimacy defects are also reflected in the reduction of citizens' living care obligations.It can be seen that the flaws in the legitimacy of the disciplinary punishment system violated the principles of public law and violated the rights of the dishonest.Correcting the legal flaws in the current disciplinary measures against dishonesty is of great significance to the rapid development of our economy and the further improvement of the rule of law in China.The legality of disciplinary punishment can be solved through the following four points.First,the functional positioning of disciplinary punishment is correctly defined.The dishonesty punishment aims to solve the major dishonesty problems in some important areas.It should not try to build a perfect society with perfection.Then,improve the legislative level of disciplinary punishment.An important reason for the legitimacy of China's dishonest punishment legislation is that there is no legislation at the legal level,which has led to the confusion of lower-level laws.Next,determine the boundaries of personal information protection.The current system of disciplinary punishment involves all aspects of citizens' information.It should be explained what can be published,and it is forbidden to disclose information related to privacy.Finally,build a credit repair mechanism.Credit repair plays an important role in disciplinary punishment and cannot be ignored.