| In recent years,the construction of social credit system in China has made remarkable progress in many aspects.In this system,the joint punishment of breach of trust is one of its important contents,which aims to promote the collection,sharing and reallocation of relevant law enforcement and disciplinary resources of various government departments.in order to alleviate the problem that the supervision of a single department can not produce sufficient compliance punishment for unfaithful people.With the gradual progress of national policy and the gradual deepening of the reform of "release management and service",the joint punishment mechanism has shown a more significant effect as one of the management methods of breach of faith.At the same time,joint punishment,as a new way of administrative supervision,has become an important means for the government to give full play to the function of macro-control and economic management and create a fair market competition environment.Law enforcement departments generally reflect that it is "easy to use" and "effective".Therefore,in practice,it is inevitable that the power of punishment will be abused due to the excessive pursuit of law enforcement efficiency.In order to curb public power,protect private interests,and prevent administrative subjects from blindly pursuing deterrence,enforcement effect and law enforcement efficiency to expand or even abuse the power of punishment,it is imperative to use administrative law to regulate the power of joint punishment.This paper will start with the concept and content of joint punishment for breach of faith,and analyze the nature of joint punishment for breach of faith.On the basis of discussing the theoretical basis of the administrative regulation system and the regulation mode of the administrative law on the dishonesty,this paper introduces in detail the legislative status and existing problems of the administrative regulation system.On the one hand,select the important legal documents about the power of joint punishment,summarize and sort them out,and clarify the normative content of the administrative regulation system of joint punishment for breach of faith;on the other hand,take the entity regulation mode and procedure regulation mode in the regulation mode as the evaluation criteria to measure the existing laws and regulations,and summarize the difficulties faced by the current unfaithfulness joint punishment administrative regulation system.Key issues include that some legal provisions are inconsistent with the basic principles of administrative law;the source of power of the subject of joint punishment needs to be further clarified,because the current law has not yet clearly defined the disciplinary power of the administrative subject;the information repair mechanism of the credit subject needs to be improved,and there is no substantive distinction between the general breach of trust and the serious breach of trust in practice.The procedural setting of the joint punishment of breach of faith in administrative law is insufficient,and the provision of right relief is not perfect.In view of the above problems,this paper puts forward some suggestions,including insisting on regulating it with the basic principles of administrative law,standardizing the disciplinary power of the administrative subject,defining the power source of the joint disciplinary subject in legislation,refining and optimizing the existing law,raising the legal rank of normative documents,perfecting the information repair mechanism of credit subject,and formulating corresponding operation procedures and steps according to the different degree of dishonesty.Through the verification procedure,prior notification and objection procedure,strictly standardize the exercise of the right of punishment;smooth the right relief channels,clarify the relief rights of the credit subject,and reasonably divide the tort compensation liability.Hope to make the joint punishment of breach of faith more legal,compliant and feasible,so as to standardize the disciplinary power of the administrative subject,better safeguard the legitimate rights and interests of the relative person,and help to build an honest society. |
