| Examining the ancient and modern transformation of "integrity",we can find that the connotation of integrity has changed from moral integrity to institutional integrity,and from personality credit to institutional credit.The "credit" in the power of punishment for dishonesty is a kind of institutional integrity and credit,and this is also the premise for the power to punish dishonesty to move from private space to public space.The disciplinary power for dishonesty in the traditional society is different from the contemporary punishment power for dishonesty.Its power originates from patriarchal ethics and has the attributes of private rights.Since modern times,the means of protecting credit have increasingly relied on the system.In addition to the legal evaluation of dishonest acts against violations of the law and breach of contract,private law disciplinary systems have also emerged in the field of private law with economic credit as the premise and standard.my country’s punishment system for dishonesty has broken through the private law punishment model,and has the characteristics of public law dominance.Therefore,in the construction of the social credit system,public law punishment rights and private law punishment rights have been born.The two share commonalities and also have significant differences.In general,the legitimacy of the right to punish dishonesty stems from the restoration of the status of rights and obligations by social subjects.Specifically,the legitimacy of the right to punish dishonesty in private law stems from the principle of freedom of trade and the authorization of industry regulations.The power to punish dishonesty in public law is derived from contract theory,and public power has the obligation to maintain social order and public interests.The function of private law disciplinary power is mainly to reduce transaction risks,maintain industry order and reputation.The function of the public law disciplinary power is mainly to provide personnel and financial resources for the untrustworthy disciplinary system to ensure the operation of the system,to realize the untrustworthy punishment,strengthen the implementation of the law,restore the credit order,and create an atmosphere of integrity.However,problems such as power expansion and abuse occurred during the operation of the public law disciplinary power for dishonesty.Therefore,it is necessary to further deconstruct the legal mechanism of the disciplinary power of public law,and then impose legal constraints on the disciplinary power of dishonesty.Through the normative analysis of the authorization norm of the disciplinary power for dishonesty,the subject of power,the object of punishment,the content of the power and the responsibility of the object of punishment,it can be found that the disciplinary power for dishonesty is mainly granted by policy documents,and the core of power operation lies in the capture and identification of credit information The power link mainly includes the setting link of punishment for dishonesty,the link of identifying dishonesty,and the punishment link.On the basis of normative analysis,examining the operation of disciplinary power for dishonesty,it can be found that in practice,there are problems of generalization of power,causing stigmatization,and intrusion into the field of disciplinary punishment for private law;at the institutional level,it shows that power is empowered by normative laws Unclear attributes,power content that violates the superiority of the law,legality of the principle of legal reservation,and power and responsibility mismatch,power content that violates the principle of equality,the principle of non-punishment,the principle of proportionality,the principle of association,and the lack of reasonable power supervision mechanism Sexual issues.The rule of law restraint of the disciplinary power for dishonesty requires it to comply with the rule of law requirements of the supremacy of the law,the restraint of power,and the protection of human rights.Therefore,the disciplinary power for dishonesty should be restricted by the rule of law by enhancing the legitimacy of the punishment system for dishonesty,improving the restriction mechanism of punishment power for dishonesty,and protecting the legal rights of credit subjects. |
