Research On The Legal System Of Punishment For Breach Of Credit

Socialist market economy is an economy ruled by law.To promote the modernization of socialist market economy,it is important to regulate credit order.Constructing and improving the social credit system suitable for the modernization of the socialist market economy is an important measure and basic path to improve and develop the socialist system with Chinese characteristics and to promote the modernization of the national governance system and governance capacity.The construction of honesty and credit in China not only urgently needs to carry forward the values of social credit,establish a social credit system,give full play to the linkage effect of social credit system platform mechanism,advocate the application of reward and punishment mechanism of "trustworthiness incentive and restraint of dishonesty",but also needs to create a good credit environment,enhance the overall competitiveness of the country,and enhance the integrity consciousness and level of credit of the whole society.Punishing dishonesty is one of the important contents of building a good faith China.To study the legal system of punishment for dishonesty is the core and legalized content of the punishment mechanism for dishonesty.The legalization of punishment for dishonesty should follow the theoretical basis of credit rationality and punishment for dishonesty,explore the substantive and procedural contents of punishment for dishonesty,select the hot legal issues of punishment for dishonesty,and study the legalization measures,paths and contents of punishment system for dishonesty,which has become the main system and goal of this topic.There is a common understanding between eastern and Western countries on the way of credit.Credit attributes are well known in all countries.Credit value,national governance at home and abroad are based on the merits.Credit order is credit order.Credit order is governed by ownership and bound by legal power.Credit regulation,originally clear source,starts from the collection of credit information.Widely spread the social credit system,encourage trustworthiness,punish dishonesty,and realize networked joint punishment.Regulation of honesty and dishonesty are two aspects of building credit order.The core of honesty and credit is credit,and the emphasis of credit construction is regulation.Define the taboo of credit order,list the taboo of credit disorder,publicize the situation of credit dishonesty,and regulate the state of dishonesty.The key to dishonesty lies in the fact that it runs counter to keeping one's word.When it begins to benefit others,it will end up harming others.The attributes of dishonesty are manifestly harmful to promises,others,wilful acts and violations of public morality.The standard cognition of regulating dishonesty lies in the elements,circumstances and types of the dishonesty under the rule of law,which is the main point of view of the theory of dishonesty constitution.The theory of punishment for dishonesty originates from the essence of credit.Marx's revelation of the connotation and form of credit depends on the discovery of the content of credit value.Marx's theory of credit value uncovers the dual value cognition of credit capital.The noumenon value and derivative value of credit capital have become the driving force for the development of credit economy.Trustworthiness and dishonesty are two different manifestations and results of showing the dual value of credit capital.Punishing dishonesty has become a value-oriented pusher to promote the trustworthiness of credit subjects.Many credit theories have explored and found the balance between the advantages and disadvantages of credit value and dishonesty.Game theory chooses corresponding risk prevention and control methods to realize the just realization of maximizing the benefits of credit and dishonesty from the angle of maximizing the interests of each game subject.The three-dimensional credit theory highlights and integrates the three-dimensional content of honesty,credit and practice.The theory of digital reputation economy is rooted in the revolution of big data storage,which demonstrates the essence of digital,networked and creditable reputation economy.The legal value of punishment for dishonesty lies in the function of maintaining credit order,justice and deterrence.The exercise of punishment right for dishonesty is the need to guarantee the value of credit order.The purpose of disciplining dishonesty is not the theory of retribution,but the theory of social whole interests,which focuses on ensuring social credit order.The principle of punishment for dishonesty should be applied,focusing on the principles of compulsory punishment,punishment,joint punishment and obvious punishment.Recognizing the responsibility of dishonesty is the premise and foundation of applying the legal system of punishing dishonesty.The attributes and contents of the relationship between the dishonest behavior and the dishonest person,the victim and their subjective consciousness,objective form and so on have become the relevant factors to determine the liability for dishonesty.Regardless of causality theory or objective attribution theory,the factors considered are all concentrated in the relativity,essentiality and attribution between the subjective consciousness state of the actor and the factors such as objective behavior performance,behavior results and so on.Liability for dishonesty is the responsibility of the dishonest person for his dishonesty.Its form is to standardize and quantify the manifestation and external elements of the dishonest person's specific responsibility for dishonesty.Punishment for dishonesty is the form of implementing the responsibility for dishonesty.It has the content elements of punishment,punishment,governance and regulation of dishonesty.Its purpose is to correct the fault of dishonesty.The principle of imputation for breach of trust is mainly embodied in the principles of imputation for breach of trust,imputation for no-fault breach of trust,imputation for breach of trust and exemption from liability for breach of trust.It is closely related to the responsibility of losing faith and losing faith.The responsibility of dishonesty is attributable to attributes of attribution,attribution,imputation and impunity,which doomed the diversity of the forms of relative punishment.The responsibility of dishonesty and the punishment of dishonesty are dialectical relations between form and content.They influence,manifest and restrict each other,forming an organic whole.To construct the substantive legal system of punishment for dishonesty,we should lay stress on the establishment of the legal system of punishment for dishonesty,such as the situation,measures and the punishment mechanism of Internet connection for dishonesty.Defining and regulating the situation of dishonesty and specifying the appropriate disciplinary measures system have become the most critical substantive issues in the legal system of punishment for dishonesty.Different breaches of trust have different defining subjects and situations.Punishment measures for dishonesty,such as information publicity,blacklist,trigger feedback mechanism,networking alarm mechanism,etc.Making full use of and giving full play to the punishment mechanism of dishonesty networking on the platform of social credit system,realizing the functions of collection,supervision and early warning of dishonesty information networking,promoting the mutual restriction of dishonesty punishment information,the overlapping and interconnection of punishment measures,the mutual promotion of punishment effect and so on,should be expanded.The legal system of disciplining the procedure of disciplining dishonesty focuses on disciplining mode,applicable object conditions,rules and safeguards of disciplining procedure.The purpose of setting up a disciplinary procedure for dishonesty is to ensure the procedure and opportunity for the dishonest person to defend his or her dishonesty and to embody the value of procedural fairness and justice in punishing dishonesty.The core value of regulating the application of disciplines for dishonesty lies in highlighting the justice and publicity of the procedures applicable to disciplines for dishonesty,realizing the objectivity and impartiality of disciplines for dishonesty,and promoting the substantive value of constructing and perfecting disciplines for dishonesty in a real sense.Establishing the relief system of punishment for dishonesty focuses on the legal system of self-relief,objection procedure,judicial relief,rescission of punishment measures for dishonesty and restoration of dishonesty after the application of punishment measures for dishonesty.The purpose of this system is to clarify that the disbelievers can have the right and opportunity to repair the disbelieved credit under certain conditions and procedural requirements.Detailed details of the application of self-relief,methods and Countermeasures to resolve their plight.To regulate the procedure system of punishing dishonesty and to clarify the specific contents of the types,scope,acceptance and handling mechanism of dissenters.Different modes of punishment for dishonesty have different definitions of effective means of prevention and control,such as appropriate punishment measures,modes and paths.Provide the conditions for the application and start-up of the discharging mechanism of disciplinary measures for dishonesty,the applicable principles and systems,the guarantee of main measures,the time limit for the repair and repair of information for dishonesty,the discharging and effectiveness of disciplinary procedures for dishonesty,etc.The judicial remedy mechanism of the punishment of dishonesty,whose attribute has risen to the highest and most authoritative way to solve social disputes,is positioned as the judicial dispute settlement system,which belongs to the scope of judicial action activities,and its legal effect derives from the credibility of national judicial authority and the guarantee of national compulsory force.The focus of its attention is that there are disputes about the parties' understanding of the facts and the application of the law in the dispute of punishing dissent for dishonesty,such as who is responsible for the burden of proof,how to set the standard of proof and so on.