Study On Regulations Of Disciplinary System For Dishonesty Punishment From The Perspective Of Administrative Law

The construction of social credit system is one of the hot topics at present.The core point of the effective operation of social credit system is to establish a perfect credit reward and punishment system,and the system of dishonesty punishment came into being.In the absence of legislation at the national level,local legislation goes first,which is conducive to the establishment of social credit system in China as soon as possible.Under the current system of our country,the punishment of dishonesty is dominated by the administrative organ and its related authorization.Therefore,it is feasible to classify the system of punishment for dishonesty into the system of administrative law.At present,there is a general trend in the punishment of dishonesty.The first reason is that the basic connotation and extension of the word "dishonesty" are not well understood.In the absence of the upper law,the local legislation continues to expand the scope of dishonesty information,which makes the connotation of dishonesty "inflated";the second reason is that the improper use of dishonesty punishment means by administrative organs leads to a wide range of punishment,In the specific practice,it violates the basic principles of administrative law,such as the principle of proportion,the principle of prohibiting improper Association,the principle of due process,the principle of no two penalties for one thing,etc.;third,although the local laws and regulations stipulate that the credit subject has the right to raise an objection application when the relevant behavior of the credit information authority affects its legitimate rights and interests,and the credit information authority shall handle it within the legal time And inform the credit subject of the result.However,there is no relevant regulation on how to remedy thecredit subject if they are not satisfied with the results of the credit information management authority.In practice,the administrative organs or their authorized organizations usually take compulsory and punitive administrative measures to punish the dishonest subjects,such as canceling the convenience,limiting the financial support,restricting the high consumption,restricting the government procurement,restricting the trading in specific industries or special markets,restricting the qualification of holding the post and so on,to force the dishonest subjects to do or not do the relevant acts to achieve the administrative management Objective.The restrictive and depriving administrative measures taken by the administrative organ or its authorized subject against the dishonest subject should be actionable because they are specific administrative acts.When the dishonest subject thinks that his legitimate rights and interests are infringed,he should be able to get relief through administrative reconsideration and administrative litigation.This paper is divided into six chapters.In the first chapter,it mainly introduces the research background,research significance,current academic research status and research methods of the system of punishment for dishonesty.The first chapter mainly discusses the connotation of the punishment system of dishonesty,and holds that the punishment measures of dishonesty have the nature of administrative act,administrative punishment and administrative compulsion,among which the punishment measures of restriction and deprivation are essentially administrative punishment;At present,disciplinary punishment is mainly dominated by administrative agencies.For this reason,the disciplinary punishment system should be reasonably embedded in the administrative law system to regulate it,and it has practical feasibility.the construction of punishment for dishonesty is proposed The system of discipline needs to contain the expansion of public power,and believes that the form of public power should follow the principles of legality,rationality and procedural legitimacy.The second chapter introduces the current situation of the punishment system of dishonesty in China.At present,there is no unified legislation to regulate the system of punishment for dishonesty at the national level,only the administrative normative documents issued by the State Council and its ministries and commissions.But at the local level,Hebei,Hubei,Shanghai,Zhejiang,Liaoning,Henan and other places have formulated local laws and regulations.Local legislation in other provinces is also actively promoted,among which,Guangdong,Guizhou,Shandong,Jiangsu,Hainan and other places have introduced relevant draft for comments on credit legislation.At the level of city and county,there are a large number of kneeling punishments related to dishonesty.After the outbreak of the new crown epidemic,many normative documents have been issued for the prevention and control of the epidemic,including violations of relevant regulations during the epidemic into the scope of dishonesty punishment.In the specific law enforcement,disciplinary disciplinary action has gradually evolved from the original single-disciplinary disciplinary disciplinary direction to joint disciplinary action;it has strongly cracked down on credit subjects ’discredited behavior and severe disciplinary measures.Regarding the relief right of the untrustworthy subject,the above-mentioned local laws and regulations have only been issued in Hebei.Only Hebei clearly recognizes that the untrustworthy subject has the right to object and dissatisfied with the result of the objection processing and can file an administrative lawsuit.The third chapter analyzes the main problems of the current system of punishment for dishonesty in China.The author thinks that there are three major problems in the current punishment of dishonesty in China: one is that the legal nature of the relevant contents of the punishment of dishonesty is not clearly defined;the other is that the punishment system of dishonesty has defects in the local legislation;the third is that the administrative public power violates the private rights of the dishonesty subject.The fourth chapter puts forward some suggestions from the perspective of administrative law.The author thinks that the current regulation of the punishmentsystem of dishonesty in China should be controlled in the aspects of legislation and law enforcement,and at the same time strengthen the protection of the relief right of the dishonesty subject.The last chapter is the conclusion.