Research On Administrative Law Regulation Of Combined Punishment For Breach Of Trust

Since the State Council’s Outline of Social Credit System Construction Plan was issued in 2014,the construction of social credit system has been implemented.As an important part of the construction of social credit system,the joint disciplinary system for dishonesty plays the institutional functions of ensuring the efficiency of dishonesty punishment,enhancing the public’s credit awareness,and forming social co-governance,and has made remarkable achievements in solving and managing the social credit deficiency.The system is still developing extensively on the whole,with over-emphasis on the construction of "breaking promises in one place and being restricted everywhere",which has many defects in the micro-aspect.In this regard,this paper studies the above problems from the perspective of administrative law norms.Through the basic concept and process of systematic joint punishment for dishonesty,this becomes the key to "distrust".The national legislation has broken the confusion,and the local laws show complete coverage.If we find that the current theory and practice lack cognitive consensus on the concept of operating system.During the operation of the system,the scope of punishment tends to expand excessively,and it is difficult for the punisher to take effective relief measures.In addition,the disciplinary system of dishonesty has not had an absolutely independent application field since the early stage of construction,but is only an alternative tool of traditional administrative supervision means.At its root,there are still many defects in the joint punishment of dishonesty,such as imperfect legal system,unclear scope of application,lack of uniform punishment standards and incomplete procedures,which together lead to the confusion in the field of credit punishment.In order to deal with the problems existing in the system and in view of the worrying current situation of the legalization of credit punishment reflected in administrative practice,the author tries to explore the policy of system optimization from the basic theory of administrative law: formulate a unified social credit law to make systematic provisions on the system;Clarify the scope of application of punishment,strictly control the basic standards such as social harmfulness,credit relevance and subjective malignancy in the identification of dishonest behavior,and clarify the boundary and relationship between dishonest behavior,immoral behavior and illegal behavior;In terms of the scope control of disciplinary objects,prevent illegal joint and improper connection;Standardize the implementation standards of punishment,unify the grade division of dishonest behavior,supplemented by corresponding punishment measures,and control the punishment power under the guidance of the principle of proportion to avoid abuse of power;Improve the implementation procedures of punishment,protect the procedural rights of the opposite party,set up procedures such as advance notification,in order to provide reference for improving the joint punishment system for dishonesty in our country.