Research On The Protection Of The Rights Of The Counterparty In Administrative Dishonesty Punishmen

Disciplinary action against administrative trust-breaking is a key part of the disciplinary action system against trust-breaking and social credit system in our country.However,it is quite common in practice to relative legal rights violations,resulting in various substantive rights and procedural rights being infringed.At present,the administrative trust-breaking disciplinary system has some phenomena,such as low legislative rank,ultra virial legislation,vague disciplinary measures,arbitrary disciplinary duration,which is abused by administrative organs in practice.In addition,it also faces many practical problems such as the lack of protection of the counterpart’s right to know,the publication of administrative "blacklist",and the difficulties in administrative litigation,which lead to the violation of the counterpart’s procedural rights,substantive rights and relief rights after punishment,and the defects in the protection of the counterpart in legislation,law enforcement,judicial and other aspects.Therefore,in the future,we should improve the construction of social credit system,constantly improve the central legislation and local legislation related to the protection of the rights of counterparts.In the process of enforcement by administrative organs,we should also carry out legislative control over the implementation of disciplinary measures,improve the collection of credit information,the guarantee of the right of counterparts to know,the publication of "blacklist" and other issues.Make the administrative organs prudently use the punishment system for breach of trust.After punishing the counterpart,relief channels such as administrative litigation and state compensation should be unblocked to solve problems such as the difficulty of prosecution of the counterpart,so as to provide reliable system support for the full protection of the counterpart.