Principle Regulation And Application Of Administrative Punishment Of Social Credit

The state and the people shall establish themselves with sincerity.China attaches great importance to the construction of social credit system,At present,credit rewarding and punishing system has become the key link of the whole social credit system construction.The government should lead the establishment of a strict and effective punishment system to deter and warn the faithless.By means of credit tools,the government integrates multiple governance subjects and multiple supervision tools,innovates the new development of administrative obligation fulfillment system,and thus guides all social members to form a good sense of integrity.However,from the perspective of practice,there are many operational problems in the implementation of administrative punishment only according to the unified deployment of the joint memorandum.Such as the lack of relevant legal basis,lack of institutional arrangements,legal overreach,improper punishment,administrative disciplinary measures arbitrary connection and other issues,its legitimacy and rationality is questioned.In the absence of uniform legal norms,,this paper discusses the related issues of administrative punishment,based on the principle of public law.Firstly,the administrative disciplinary action is positioned as a credit tool for government supervision,expounding its operational mechanism and implementation status,and pointing out its existing problems.It considers its legitimacy through public law principles and seeks regulation from the perspective of administrative power expansion.Secondly,it combines the theoretical basis of the three principles of public law,such as the principle of administrative legitimacy,the principle of proportionality,and the principle of prohibiting improper connection,and analyzes the practical regulation path of administrative punishment.Through deep understanding of the penalties,the boundaries of credit constraints and joint punishments are strictly observed.Finally,under the framework of public law principles,establish and improve the supporting system of disciplinary punishment mechanism,especially administrative punishment.The starting point of this paper is the practice of administrative punishment situation and the necessity of the principle of public law regulation,and then from the administrative legitimacy principle,proportion principle,prohibit improper connection principle re-examine its legitimacy in three aspects: the defects and its path of rules and regulations,finally brings forward the application of the social credit administrative disciplinary steps and specific operation.The first chapter starts with the introduction of the operational mechanism of administrative punishment on social credit.Based on the actual situation in China,it sorts out the guiding opinions on social credit planning and the normative documents such as the memorandum of cooperation between departments formulated by the government.On this basis,it generalizes and analyzes the legislative status and implementation status of administrative punishment on social credit in China.Secondly,in view of the current situation of legislation and implementation,this paper analyzes the problems and shortcomings of administrative punishment in practice,and thus leads to the necessity of public law principles for its regulation.The second,third and fourth chapters elaborate the regulation and application of the government's credit punishment from the principles of administrative legality,proportion and prohibition of improper connection.The second,third and fourth chapters elaborate the regulation and application of the government's credit punishment from the principles of administrative legality,proportion and prohibition of improper connection.To a certain extent,it promotes the unified and perfect administrative punishment power basis,public credit information scope,association control between joint punishment means and target,principle application operation and rights and interests relief protection,etc.,so as to make up for the deficiencies of existing studies.Chapter five analyzes the legal and reasonable application of administrative punishment under the constraint framework of the principle of public law.At the same time,the paper puts forward some relevant coordination mechanisms,such as information sharing and use mechanism,credit repair mechanism,credit incentive mechanism and credit subject's rights and interests protection mechanism to realize justice,justice and order.