Research On The Local Legislation Norm Of Punishment For Breach Of Public Credit

In June 2014,the "Outline of the Plan for the Construction of a Social Credit System(2014-2020)" issued by the State Council to promote the construction of public credit system to an unprecedented height,in order to ensure that the pace of construction can progress steadily,it is necessary to improve the contents of the system,especially the trust-breaking punishment system,which is the last line of defense for the construction of public credit system.In recent years,local legislation has been actively formulated across the country to regulate the punishment for trust-breaking of public credit.So far,there are altogether 25 local credit legislation norms that stipulate the punishment for trust-breaking.To examine the provisions of the punishment system for trust-breaking in the 25 local public credit legislation,it is found that the provisions of the subject of punishment are not clear,the objects of punishment are not uniform,the measures of punishment are not perfect,the procedures of punishment are not standard,the limits of punishment are not perfect,and the responsibility of punishment for breaking the law is not comprehensive.Specifically,disciplinary subject provisions are abstract,comparative chaos,disciplinary object expression inconsistent,classification,types of disciplinary measures is not uniform,the content is not the same,is not standard,principle of disciplinary procedures are missing,incomplete rights,implementation is not released,punishment incomplete species range,limited conditions are not updated,accountability situation is not clear,responsibility type.Countries outside of disciplinary subject,object,measures,procedures and conditions the five aspects of the regulations and practical experience for the improvement of China’s public credit disciplinary mechanism has the enlightenment function: establish a standardized public credit disciplinary laws and regulations,improve the flexibility of public credit disciplinary measures and means,clear and reasonable disciplinary procedures and public credit scale.Based on the considerations to build and improve the social credit system,according to the analysis of the problem,improve Suggestions: one is to build a trinity disciplinary subject mechanism,clear leadership body is the people’s governments at or above the county level,making clear the executive main body concrete is related to and in accordance with the law by the competent authority of public issues,making clear the executive main body to assist is a social organization with related functions;Second,improve the clear and unified mechanism of punishment objects,which are divided into general and serious trust-breaking subjects,and are unified as natural persons,legal persons and other organizations;Third,improve the strict and standardized disciplinary measures mechanism,unify the disciplinary measures for the "general trust-breaking subjects",unify the disciplinary measures for the "serious trust-breaking subjects",unify and standardize the disciplinary measures for trust-breaking;Fourth,establish a fair and just punishment procedure mechanism,follow the principles of punishment for trust-breaking,improve the relevant rights of trust-breaking subjects,and promptly publish the punishment for trust-breaking;Fifth,to define reasonable and effective punishment restriction conditions,comprehensively define the standards for trust-breaking,clarify the range of punishment for trust-breaking,update the restriction conditions in time,and protect the rights and interests of trust-breaking subjects;The sixth is to clarify the unified and standardized punishment liability for violations of the law,list the situation of punishment accountability for violations of the law,and unify the types of punishment liability for violations of the law.The relevant suggestions on the local legislative norms of punishment for breach of public credit need to be further examined and improved in the actual work process of punishment for breach of public credit,so as to promote the modernization of local governance system and governance capacity,so as to contribute to the modernization of national governance system and governance capacity.