| With the in-depth development of the market economy and the comprehensive construction of the legal society in our country,the social credit system based on the sharing of credit information has been gradually improved.From the earliest well-known financial trust-breaking behaviors being incorporated into the credit investigation system,to the administration-led joint disciplinary measures taken against trust-breaking behaviors in various related fields,the administrative trust-breaking punishment expanded the scope of supervision with a more rapid,more deterrent and even lower cost social credit management mode and means,breaking the traditional situation of relying on social morality to promote individuals to maintain credit.It has realized the effective attack on trust-breaking behavior and achieved considerable effect in practice.At the same time,however,due to the excessive expansion of administrative power,a large number of improper connection phenomena,such as “one-size-fits-all”,“linking” and “no difference”,have appeared in punishment for administrative trust-breaking.Administrative punishment for trust-breaking is faced with a question of legality and legitimacy.In July 2021,the Supreme People’s Court proposed in its Reply to the No.5927 Recommendation of the Fourth Session of the 13 th National People’s Congress that punishment for trust-breaking should follow the principle of proportionality,the principle of prohibiting improper connection and other rule of law principles.It can be seen that this principle plays an important complementary role in social credit legislation and administrative organs’ legitimate,reasonable and legal implementation of punishment measures for trust-breaking.Starting from the basic theoretical research of “the principle of prohibiting improper connection”,this paper analyzes the connotation and basic characteristics of this principle,so as to provide theoretical support for its application in the punishment of administrative trust-breaking.Secondly,the paper sorts out the status quo of improper connection of administrative trust-breaking in our country,and puts forward three types of improper connection: improper connection between trust-breaking information and behavioral information,improper connection between disciplinary measures and disciplinary objects,and improper connection between disciplinary measures and trust-breaking behaviors.Then,the paper analyzes four causes of the dilemma in applying this principle in punishment of administrative trust-breaking.First,the application of the principle of prohibiting improper connection is insufficient.Second,the identification standards of recognition of administrative trust-breaking punishment are chaotic;Third,the judgment standard of “what is improper connection” in administrative trust-breaking punishment is abstract;Fourth,there are conflicts and contradictions between prohibiting improper connection and pursuing administrative efficiency under the requirement of modernized administrative management.Finally,according to the above-mentioned dilemma and its causes,through the comparative study of the review standards of “improper connection” in Taiwan District courts of our country,this paper puts forward the judgment criteria for constructing improper connection in disciplinary cases of administrative punishment for trust-breaking.And from the perspectives of legislation,law enforcement and judicial,this paper discusses how to perfect the application of the principle of forbidden improper connection in administrative punishment for trust-breaking. |
