The Inadequacy Of The Protection Of The Right Of The Objects Punished For Trust-Breaking And The Improvement Paths

As a new means of social governance,punishment for trust-breaking has played an important role in promoting the institutionalization of integrity.Each local credit legislation according to the central policy guidance,constantly expand the breadth and depth of disciplinary apply,"disciplinary" increasingly appear in legal documents,however,because of the lack of top legislation and non-standard practical operation,the punishment for trust-breaking presents a trend of generalization,influence and the infringement of the rights and interests of disciplinary object.When the legislative and practical perspectives pay too much attention to the effectiveness of punishment for trust-breaking,the protection of the rights of object punished for trust-breaking is often ignored.Not only because of the lack of a perfect relief system,the academic and judicial practice circles have not yet reached a consensus on the nature of punishment for trust-breaking,judges will generally block the disputes caused by punishment for trust-breaking outside the court.Therefore,the object of punishment for trust-breaking often faces the situation of no access to relief.To ensure a balance between the restriction and protection of the rights of object punished for trust-breaking,protecting the legitimate rights and interests of those punished for trust-breaking,it is necessary to propose a perfect path from the design level of the protection system for the rights of object punished for trust-breaking.This paper mainly includes the following aspects:First is the introduction part.This part introduces the research background and current research situation of the protection of the rights and interests of object punished for trust-breaking,analyzes the research significance on this issue from theoretical and practical perspective,and summarizes the research methods used on this basis.Through sorting out the above problems,we can grasp the current academic research on the punishment system for trust-breaking,and find out the lack of research on the protection of the rights of the object of punishment for trust-breaking.The text consists of four parts:The first part describes the current protection situation of the rights of the object who punished for trust-breaking from two aspects:central policy and local legislation.This helps in-depth analysis of the problems and causes of the protection of the rights of the object of punishment for trust-breaking hereinafter.Based on the first part,the second part elucidates the problems existing in the protection of the rights and interests of object punished for trust-breaking in detail in combination with practical cases.The main problems include the generalization of the identification of the object of punishment for trust-breaking,the lack of periodical procedural rights of the object of punishment,the abuse of joint and several liability for trust-breaking,the lack of specific provisions of the relief system and the difficulty of the object who punished for trust-breaking to obtain relief through judicial proceedings.Based on the previous two parts,the third part deeply analyzes the deep causes behind the insufficient protection of the rights and interests of the punished object from the perspectives of the lack of legislation,the excessive pursuit of management effect in law enforcement,and the conservative identification of the nature of trust-breaking punishment behavior by judges in order to avoid the risk of judicial responsibility.The fourth part proposes the specific path to improve the protection of the rights and interests of the punishment object.It is necessary to standardize the restriction of the rights of those who punish for trust-breaking through the top-level legislative design,it is also necessary to refine the application and remedy system of joint and several liability for persons punished for trust-breaking as well.The last part is the conclusion.It is the key to keep the balance between the restriction of the right and the relief of the object of punishment for trust-breaking to ensure the system of punishment for trust-breaking to run on the track of law.Due to the limitation of research ability and length,this paper has some limitations.Further study of relevant theoretical knowledge is needed to lay a foundation for further research.At the same time,continuous practice is needed to test whether the path proposed in this paper can achieve the purpose of research.