Research On The Improvement Of The Dishonesty Punishment System In Market Regulation

Although there are many provisions on the disciplinary system of breach of faith at the level of normative documents,there are still many problems in the construction of the system of punishment for breach of faith,which needs to be improved.Therefore,this paper takes the legislation and implementation of the existing disciplinary system of breach of faith in the field of market supervision as the research object,and finds its shortcomings through the analysis of the existing normative documents.on this basis,it analyzes the necessity of perfecting the current punishment system of breach of faith in our country,and then puts forward the improvement path,principles to be followed and specific feasible measures.In the first chapter,by combing and summarizing the laws,regulations and normative documents in competition law,consumer protection,food and drugs,and other specific market regulatory fields,it focuses on the analysis of the specific contents of the identification of the object of punishment for breach of faith and the implementation of measures to show the current situation of the punishment system of breach of faith in our country.In view of the current situation of the system of punishment for breach of faith in our country,the second chapter analyzes the deficiency and necessity of the punishment for breach of faith in our country from three aspects: perfecting the market credit supervision system,legal form and implementation.In order to meet the requirements of perfecting the credit supervision system,it is necessary for the dishonesty punishment system to give better play to the flexible supervision function of the reputation mechanism and to supplement the ex post imputation system with the credit prevention mechanism.and to improve the efficiency of comprehensive administrative supervision under the requirements of "release management and service".The main problems in the legal form are that there is no overall system design at the legal level,the provisions are rough,and the system established by normative documents is too low,which is not conducive to the protection of the rights of actors and the implementation of punishment for breach of faith.The main problem in the implementation of the law is that on the one hand,the power of the administrative subject is generalized and the blacklist standard is not clear in the identification of the disciplinary object,on the other hand,in the implementation of disciplinary measures,the legal basis of some measures is too low,do not distinguish between different intensity of disciplinary measures,at the same time,the existing credit repair can not play the function of right relief.In view of the requirements of the new market credit supervision system,as well as the current situation and existing problems of the imperfect punishment system for breach of faith in our country,it is necessary to perfect the system.Therefore,the third chapter expounds the specific paths and principles to be followed in this process.We should not only improve the legislation,but also pay attention to the law enforcement and implementation of the punishment system for breach of faith.While standardizing the administrative power of the government,it is necessary to coordinate the disciplinary and law enforcement actions of governments at all levels,and follow the five principles of administration according to law,prudent supervision,principle of proportionality,prohibition of improper association,respect and protection of human rights.The fourth chapter,based on the previous discussion,obtains the specific measures and methods to realize the perfection of the punishment system for breach of faith.It is necessary to meet the current requirements of market supervision by using credit through careful application of reputation mechanism and coordination of the relationship between preprevention and ex post imputation system.In the legal form of the punishment system of breach of faith,we should not only clean up and integrate the current documents,formulate higher-level legal documents through standardized procedures,but also connect organically with the future social credit law to improve the legal system of social credit.In terms of the provisions of the legal content,we should not only standardize the setting standard of the disciplinary object,clarify the recognition power of the administrative organ,but also discuss the disciplinary measures at different levels,and some of the original administrative evaluation standards contain credit conditions,it is not necessary to regard it as an additional disciplinary measure,but the measures that have a significant impact on the rights and interests of the actor should be brought into the administrative punishment for unified regulation.On the one hand,it is to restrict the administrative organs to exercise their functions and powers,on the other hand,it is also the protection and relief of the rights of the actor.Through the full-text analysis,the final realization of the theoretical redesign and improvement of the breach of faith punishment system.