| Administrative dishonesty punishment mainly refers to the administrative supervision measures implemented by the administrative organ on the subject of dishonesty according to the relevant credit management laws and regulations.Compared with the disciplinary measures for breach of trust implemented by other subjects,the disciplinary measures for breach of trust implemented by administrative organs not only have the characteristics of natural expansion of administrative power,but also have the characteristics of greater impact on the rights and obligations of the parties and wider scope of application compared with traditional administrative punishment.Therefore,it is necessary to attach importance to the disciplinary mechanism of administrative dishonesty and carry out effective legal regulation.However,at present,China’s social credit law still needs to continue to be studied and demonstrated.Although the legislative model explored in various places has accumulated a lot of experience for the unification of credit legislation,due to the lack of effective and comprehensive legal regulation of administrative dishonesty punishment mechanism,there is a trend of abuse and alienation of dishonesty punishment in practice.At present,local credit laws and regulations are mainly formulated based on ministerial memorandums and the "Outline of Social Credit System Construction Plan(2014-2020)".On the one hand,due to the lack of legal authorization,the legality of local regulations and normative documents is questionable,while the provisions in some local credit laws and regulations are based on lower legal levels of local regulations and normative documents,leading to doubts about their legal effectiveness.On the other hand,due to the unclear legal nature of disciplinary measures and inconsistent standards for listing on the dishonest list,there is a problem of excessive punishment and insufficient relief in disciplinary measures.In addition,the implementation of administrative dishonesty punishment measures is prone to violating basic principles such as legitimate and reasonable administration and improper connection due to the lack of strict procedural law regulations.In order to explore a feasible path to solve the aforementioned problems,by discussing the definition,power source,and rationality of administrative dishonesty punishment,summarizing the scope and measures of punishment,further analyzing the current situation of the system in substantive and procedural law,discovering the causes of administrative dishonesty punishment problems,and proposing that the establishment of punishment power should comply with the principle of legal reservation on the basis of clarifying the specific types of measures,When establishing the scope of punishment,consensus inclusion standards and models should be established.At the same time,in order to ensure substantive justice and procedural fairness,a system of prior review and post filing should be established,relief and protection mechanisms should be improved,and the obligation of prior notification should be fully fulfilled,as well as the deadline for disclosing dishonest lists should be standardized. |
