A Research On Credit Restoration From The Perspective Of Administrative Law

With the basic establishment of the credit system in my country,the credit system focusing on the joint punishment system for dishonesty has been gradually improved.The extensive application of the joint punishment system for dishonesty has led to more and more "blacklists" of dishonesty,which has also led to the gradual widespread use of the credit repair system.The essence of the credit restoration system is relief,and it is an important part of the construction of the credit system.It plays a role in regulating the exercise of power by administrative organs,protecting the rights and obligations of untrustworthy subjects,and promoting the development of healthy social competition.This paper studies the credit restoration system from the perspective of administrative law.The first part of the article discusses the concept of credit and emphasizes the important role of credit construction in economic and social development.The second part discusses the relevant theories of credit restoration.First,it clarifies that restoration is only necessary if the credit subject has committed dishonest behavior.By comparing the dishonest behavior with other behaviors,it emphasizes the adverse impact of dishonest behavior on the credit subject.Then,through the analysis of the purpose and nature of credit restoration,it is concluded that the essence of credit restoration is to grant the credit subject the right to remedy.The third part mainly discusses the basic principles of administrative law that credit restoration should follow,mainly from four aspects: administration according to law,principle of proportionality,respect and protection of human rights,and principle of efficiency.The fourth part mainly analyzes the misunderstandings of the credit restoration system in practice,from three aspects:procedure review,rights protection,supervision and management,and then leads out the reasons for these misunderstandings in the fifth part.The sixth part is the specific improvement measures,and puts forward corresponding suggestions from three aspects:legislative system,procedure operation and supervision system.There are two aspects to the application of the credit restoration system in administrative law.One is whether the untrustworthy subject can effectively use the credit restoration system to rebuild their own credit and eliminate negative social impacts;the second is whether the credit restoration agency can give full play to their credit.Public power in the process of restoration,and effective supervision and management of the system,while ensuring the smooth operation of the credit restoration system,can also protect the rights and obligations of untrustworthy subjects,and improve the efficiency of system operation.