A Jurisprudential Study On The System Of Punishment For Breach Of Promise

The system of punishment for breach of trust is a concrete embodiment of the rule of law and rule of virtue,and it is also an important system construction under the guidance of the rule of law and the rule of virtue.This topic by dishonest behavior in social and economic life,namely "economic dishonesty" as the research object,concept,definition of economic dishonesty dishonest behavior of economic history,social harmfulness evaluation economic dishonesty,analysis of the causes of economic dishonesty,specific legal system and measures of economic regulation of dishonesty.Contemporary China is in a critical period of transformation of social life,in the process of development of socialist market economy construction,the strength of the national economy,the wealth of enterprises and citizens increased rapidly at the same time,dishonest behavior have appeared in large numbers,each link in the social production,circulation,sales,customer service and so on all aspects.How to prevent and punish Dishonesty Behavior,the establishment of dishonesty disciplinary system is a fundamental significance of the work.This topic is of great practical significance and theoretical significance.Defines and analyzes the concept of the basic connotation of disciplinary system of the first(the first chapter),including three parts,discusses the honesty,credit and credit their meaning,the meaning of dishonesty and related species and social harm,made against dishonesty legal measures--the establishment of disciplinary system.Next,it analyzes and proves the social necessity and realistic possibility of the system of punishment for breach of trust(second chapters).Lay the foundation for possibility of legal norms mandatory effect on specific behavior and moral norms with the ideas of the leading function of the disciplinary system of dishonesty,legal and moral norms in the disciplinary system construction in common use of the advantages of both law and morality,means common means of dishonest behavior to prevent and combat.Finally,on the basis of the analysis and demonstration,the author puts forward some concrete suggestions on the construction of the system of breaking faith in punishment(third chapters).Related subjects through the implementation of legislative organs,administrative organs,judicial organs and other credit disciplinary measures,enterprises and individuals to break the punish,increase the cost of dishonesty,protect the interests of trustworthiness,benign operation and maintenance market credit environment.Specific include: the establishment of credit information system public records,reduce market transactions in the information asymmetry,that is,a party deliberately conceal the truth,to prevent,punish dishonest behavior and encourage trustworthy behavior.The use of administrative measures,including the prohibition of dishonest persons to enter a specific industry and other measures to punish dishonest behavior,to prevent the occurrence of dishonesty.Through judicial activities,the prohibition of dishonest people to carry out high consumption and other means,the real act of dishonesty.At the same time,dishonesty disciplinary system also has a reward function,to encourage those who abide by the trustworthiness of trustworthiness,advocating the spirit of trustworthiness in the whole society,to guide more trustworthy behavior.The system of punishment for breach of trust is conducive to maintaining the stability of the social credit environment,which can reduce the occurrence of dishonest behavior and ensure the benign operation of social and economic activities through the punishment of dishonesty.