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A Study On The Legal Nature And Standardization Of Joint Punishment For Untrustworthy Administration

Posted on:2021-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y ZhanFull Text:PDF
GTID:2416330623472975Subject:Constitution and Administrative Law
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In recent years,citizen dishonesty has become commonplace.It can be said that dishonesty has become widespread and the credit order is chaotic.This becomes an important issue in social governance.If only by virtue of traditional moral constraints,it will not only be difficult to restore the state of the credit society,but the problem of dishonesty may be further enlarged.Therefore,the state strives to restore the credit order by implementing disciplinary joint disciplinary measures.Since the State Council’s deployment of the social credit system in 2014,various localities have actively taken measures to implement it,and the current work is in full swing.However,due to various factors,this measure is also exposing more and more problems,and many people have begun to question whether the joint disciplinary measures against trust have deviated from the ideal state originally envisaged.How to make this new governance measure better adapt to the development of society and provide a powerful help for the construction of the social credit system has become a common problem faced by the academic and practical circles.The first chapter mainly explains and analyzes the basic theory of joint disciplinary punishment for dishonesty.Firstly,it systematically explained the related concepts of joint administrative disciplinary punishment for dishonesty,combined with academic research and the current practice of joint administrative disciplinary action for dishonesty,tried to define the definition of joint administrative disciplinary action for dishonesty;Secondly,analyze the legal relationship among them;again,introduce and make judgments on the theory of the nature of the joint disciplinary punishment in academia;Finally,the legitimacy of the joint disciplinary action of dishonest administration is analyzed.The second chapter introduces the current situation of joint disciplinary punishment for dishonesty and analyzes the existing problems.By sorting out the current legislative practice and administrative practice of joint disciplinary punishment for dishonest administration in China,we find out the actual situation of current legislation and law enforcement in China,and then analyze and demonstrate the problems in current legislation and administrative law enforcement.In terms of legislation,it mainly analyzes the defects of the entire administrative legal system and the internal defects of legal norms.In administrative law enforcement,it mainly reviews from the four aspects of subject,authority,content and procedures,and demonstrates the illegality of administrative agencies in law enforcement.And misconduct.The third chapter mainly introduces disciplinary action for dishonesty in developed countries outside the region.The construction of extraterritorial disciplinary action for dishonesty is represented by the United States,Germany,and England.The credit systems of these three countries are relatively sound.By systematically explaining the implementation in these countries,we can find out what we can learn from China.The fourth chapter mainly analyzes and demonstrates the legal regulation suggestions for the joint disciplinary actions of dishonest administration in China.Firstly,the theoretical follow of the joint punishment of dishonest administration is proposed.By analyzing the role of balance theory,government rule of law and cooperative government theory on the current rule of law government construction and civil rights protection,the process of improving China’s legislation,improving administrative law enforcement and strengthening the role of justice is proposed.China should implement such a concept.Secondly,combined with the above three theories,put forward countermeasures to improve legislation,administrative law enforcement and justice.
Keywords/Search Tags:Dishonest combination punishment, Due process, Prohibit improper connection, Rights protection
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