Study On The Rule Of Law Of Punishment System For Breaking Trust In Our Country

In 2002,at the Sixteenth National Congress of the Communist Party of China,it was proposed that my country should "improve the social credit system of a modern market economy." my country began to explore the establishment of a social credit system.In 2014,the standing committees of the people’s congresses in the social credit system construction plan outline(2014-2020)"for the first time in a central file explicitly put forward to establish a disciplinary mechanism,Promote the perfection of credit legislation.Starting from the next year,the construction process of China’s trust-breaking punishment system was rapidly rolled out.The organization structure at the national level has been formed,and a unified and standardized public credit information platform has been built.The "Red Blacklist" is taken as the implementation path and the institutional arrangement for punishing trust-breaking behaviors and subjects.The punishment system for trust-breaking is conducive to strengthening the social atmosphere of honesty and the sincerity consciousness of subjects.Local disciplinary practices,on the other hand,also in unceasingly thorough,and haven’t the credit legislation in our country through the legal form to rise to the national will,under the condition of various provinces and cities to the practice of disciplinary system localization,44 to 2016 more ministries jointly issued the joint on the disciplinary breach of the person subjected to execution cooperation memorandum as the foundation,Or local departments are extended based on departmental regulations.The application scope of joint punishment for trust-breaking in various places is becoming wider and wider,and relevant normative documents are growing rapidly,but they all lack integrity,systematicness and coordination.At the same time,in recent years,more and more attention has been paid to the spread of punishment by letter.Therefore,it is necessary to study the development and effective operation of the punishment system for trust-breaking in China.The current system of punishment for dishonesty still has many problems criticized by the academic circles.From the perspective of public law,the key core of the rule of law lies in the realization of the rule of law.However,my country has not yet formed a unified credit legislation and no high-level legal documents.On the one hand,local regulations have been introduced in accordance with the "Planning Outline" and the memorandum of ministries and commissions.The legal validity of regulatory documents has been questioned.Although there are strong calls for various "blacklists" in the society,the "blacklist" policies launched by many public institutions and social groups actually lack legal authorization.The flexibility and variability of policy documents and the uncertainty of expectations have undermined the stability and predictability of the rule of law.On the other hand,in the process of disciplinary punishment,there are violations of reasonable and lawful administration.Some administrative entities exceed the legal authority to formulate and implement disciplinary measures,which is in line with the spirit of control embodied in the principle of reasonable and legal administration in the administrative law.Conflict;some administrative entities did not adhere to the principles of administrative openness and public participation,making the process of making administrative penalties out of a policy "black box",and there was a problem of illegal procedures.From the perspective of private law,the disciplinary measures introduced by some regions and departments infringe upon the legitimate rights and interests of citizens.The disciplinary measures introduced in some areas are suspected of abusing their powers.They present a form similar to big-character posters in disciplinary information disclosure,which seriously affects personal social reputation.The measures in the transportation and medical fields appear to be too harsh and have not reflected penalties.The equivalent principle,which extends to family members in the fields of education and job hunting,breaks through the principle of relativity of administrative punishment,and even violates basic human rights such as the right to reputation,privacy,education,and work.To make the punishment system for dishonesty advance on the road of rule of law,we must first reflect the spirit of the constitution and administrative law that control public power.In the process of advancing construction and specific implementation,we must regulate the establishment of administrative credit punishment in accordance with the law,and establish administrative The due procedural rules of credit punishment should also improve the private rights protection mechanism of administrative credit punishment,and strengthen the connection between various means.