The Protection Of The Personality Rights Of The Enforced In Joint Punishment For Dishonesty System

Joint punishment for dishonesty system is a key step for the construction of social credit in our country,by government departments,the courts at all levels,enterprises and public institutions and the people participate together,weaving a "disciplinary net",Let faithbreakers be restricted in every field,to promote the judicial implementation and prevent future potential breach of trust.In order to analyze Joint punishment for dishonesty system,it is necessary to clarify the connotation of important concepts.Among them,there is no abstract definition of the definition of "trust-breaking act" in the legislation,and only the specific circumstances of trust-breaking are enumerated.As a result,there are great differences in the definition of this concept among the relevant provisions of various central departments and provinces and cities.The definition of "disciplinary measures" also has different classification standards of academic theory and legislation,and the types of measures are varied with different degrees of severity.This has laid a great hidden danger for the system to infringe on individual rights.In the implementation of the Joint punishment for dishonesty system,due to the restrictions on all aspects of the punished person,it is inevitable to involve the protection of personality rights of the punished person,including personal freedom,reputation,honor,privacy,personal information,portrait rights and other personality rights.Therefore,it is necessary to define the conflict boundary between the legal interests protected by the joint punishment for trust-breaking and the personality interests of the punished person,and to define the degree and scope of the derogation of the personality rights,so as to determine the scope of the joint punishment for trust-breaking can limit the personality rights,and in which areas shall not infringe the personality rights.At present,China’s Joint punishment for dishonesty system has achieved remarkable results,but there are still some areas to be improved in the legislation and practice.At the legislative level,there is a lack of unified legislation by the National People’s Congress,inconsistent regulations issued by various departments,overstepping legislation by the legislative body,unclear definition of important concepts,and lack of procedural guarantee.At the implementation level,the contents of the Trust-breaking blacklist are too large,the way is arbitrary,the court lacks the review of the performance ability of the person subject to enforcement,the application of normative documents in judicial trial is not uniform,and the implementation process of punishment is illegal and illegal.The above legislation and implementation problems have greatly violated the right of personality of those who punish for breaking faith.Therefore,it is necessary to analyze the current problems and put forward solutions.To this end,we can draw lessons from foreign legislative experience to improve our country’s system.In terms of legislation,we should draw lessons from the experience of the United States to introduce unified legislation on credit,distinguish the legislative authority of different subjects in strict accordance with the provisions of Legislation Law,clarify important concepts such as "trust-breaking behavior" and "disciplinary measures",and standardize the execution procedures of disciplinary measures by drawing lessons from the experience of Germany and South Korea.In terms of implementation,the scope and mode of disclosure of trust-breaking information should be clarified,and the supervision mechanism of punishment implementation should be established.