Research On The Legal Regulation Of Joint Punishment For Dishonesty

Since the promulgation of the Outline of the Plan for the Development of social credit system(2014-2020),the pace of social credit system has been speeding up,and credit has infiltrated into every corner of social governance and credit has infiltrated into all aspects of social governance silently.As a new regulatory mechanism to play the role of credit foundation,the original intention of its design is to implement the policy spirit of " One breach of credit,restricted everywhere",enlarge the consequences of dishonesty,and transform the dishonesty subject’s dishonesty to one person’s dishonesty into social dishonesty;it also has incentives Its flexibility can prevent and stop those dishonest impulses that are harmful to others and self-interest in advance,and achieve the effect of "to defeat the enemy without combat",which is particularly noticeable.As a market supervision mechanism with credit as the core,the original intention of the design is to implement the policy spirit of" One breach of credit,restricted everywhere",enlarge the consequences of dishonesty,and transform the dishonesty subject’s dishonesty to one person’s dishonesty into social dishonesty In view of the strong deterrence generated by the joint punishment of dishonesty,the government has been widely used in market supervision and also suffered from the legitimacy crisis.In order to balance the validity and legitimacy,this paper proposes that it should be regulated by law and put into the orbit of rule of lawFor further demonstration,in the second chapter,from the perspective of law and economics,the author explains the related concepts of the joint punishment of dishonesty and the deep-seated information asymmetry,repeated game and the need for state intervention,and analyzes the advantages of its legal functions of punishment,deterrence and incentive,trying to reveal the basic theoretical aspects of the system,which will be discussed gradually later lay the theoretical foundation.The third chapter,from the existing institutional framework,organization and security,as well as the implementation effect and other aspects of empirical research.On this basis,the paper discusses the legal regulation problems existing in the practice of the joint punishment of dishonesty,and points out the practical problems such as the lag of the legislative process of social credit,the lack of standardization of the recognition standards and procedures of dishonesty objects,the imperfection of the mechanism of credit information disclosure and sharing,the generalization of the application of joint punishment measures,and the urgent need to improve the protection mechanism of the rights and interests of dishonesty subjects.In order to understand the profound meaning of the joint punishment of dishonesty in the social credit system more comprehensively and profoundly,we should take the perspective of comparative law and focus on the international front.In order to understand the rich meaning of the joint punishment of dishonesty in the social credit system more comprehensively and deeply,we should take a comparative perspective and focus on the international front.The fourth chapter discusses the operation logic behind the two different development models of the western countries,namely,the market driven model represented by the United States and the two-way driven model represented by the government and the market represented by Germany,hoping to learn from the useful experience to provide a "China proposals" suitable for the national conditions for the joint punishment system of dishonesty.In the last chapter,based on the analysis of practical problems and the reference of foreign experience,from the improvement of substantive legal system,procedural legal system and relief legal system,the author puts forward to speed up the process of social credit legislation,optimize the identification mechanism of the object of joint punishment for dishonesty,improve the mechanism of open sharing of credit information,standardize the application of joint punishment for dishonesty,and improve the protection mechanism for the rights and interests of dishonest subjects.