The Application Of Credit Punishment In The Legal Regulation Of Square Dance

At the Fourth Plenary Session of the 19 th Central Committee of the Communist Party of China,it was pointed out that state administration bears the major responsibility of promoting economic and social development,managing social affairs and serving the people in accordance with the decisions and arrangements of the party and the state.In the context of accelerating the construction of the social credit system,credit punishment has increasingly become an important means of the government’s administrative management,and has been increasingly applied to the management of social affairs,and has achieved many positive effects.In recent years,there have been frequent incidents of noise disturbing the residents,resulting in increasing social conflicts and disputes,and even affecting the harmony and stability of the society.However,the relevant government departments “failed to take effective action” on square dance,making it a hard problem in urban governance.In the governance of square dancing,the government should innovate the administrative methods and explore new ways to solve problems.In view of the important value of credit in the market economy,credit as the medium of punishment also plays a unique role in social governance.Therefore,this paper tries to make a theoretical exploration on the application of credit punishment to the governance of square dancing,hoping to help solve practical problems.The paper is divided into five parts:The first part is the introduction,which expounds the research background,theoretical and practical significance of this paper,and discusses the current research situation of Chinese scholars on the legal system of square dance as the credit punishment to improve the level of national governance and as a social governance problem,and expounds the research methods and innovations of this paper.The second part is about the basic theory of credit punishment in the legal regulation,analyzes the connotation of credit punishment and the characteristics of credit punishment,such as the dependence on information,the unknown consequences,strong operability and long time effectiveness,clarifies the legal attributes of credit punishment,which can be manifested as administrative punishment,administrative inspection,administrative guidance and other multiple administrative acts.It has the functions of promoting social co governance,ensuring the effective performance of obligations and encouraging citizens to abide by the law in good faith.The third part firstly sorts out the current legal governance model of square dance and draws a conclusion that credit punishment is emerging in the field of square dance governance.Secondly,the paper points out the current situation of poor effectiveness of square dance governance under the traditional governance mode,and finally puts forward the view that credit punishment can make up for the deficiency of traditional governance mode.The fourth part analyzes the application of credit punishment in the square dance legal regulation from the theoretical and practical aspects.In the theoretical part,the operation of credit punishment is justified because square dance involves the norms and guarantees of social rights.The application of credit punishment originates from the development of contract theory and conforms to the development trend of administrative management.In the aspect of practice,it demonstrates that the credit punishment in the square dance legal regulation has been used and points out the problems in practice through four city cases.The fifth part is the rule construction of the application of credit punishment mode in the square dance legal regulation.Firstly,credit punishment should be carried out under the framework of administrative rule of law,which should follow the principles of administration according to law,proportion and prohibition of improper connection.Secondly,due to the influence of credit punishment on the rights and obligations of the parties,it is clear that the punishment object should be the illegal and incorrigible square dance team.The setting of disciplinary measures should be relevant and time-limited and proposing the specific measures such as limit the qualification,activity scope and public disclosure.Finally,in addition to the relief system of administrative reconsideration and administrative litigation,we should also pay attention to the objection disposal and credit restoration of the disciplinary object.