Research On The Disciplinary Mechanism Of Dishonesty In The View Of Economic Law

Modern market economy is the credit economy.The lack of credit has beengenerally concerned asa hot spot issue by all social classes.A sound amplify social credit systemis necessary for the development of market economy.China is trying to build a new market supervision system with the credit core by building Dishonesty Disciplinary Mechanism,transforming the functions of government and strive to create a fair and honest market environment.So as to build a Dishonesty Disciplinary Mechanism under the construct of governmentand achieve the credit supervision of market orders.The paper starting with the credit supervision department's right conduction and focus on.The main content of this paper is divided into four parts,the main framework is as follows:The first part is the connotation of castigation mechanism of breaking faith.First,the building reality of Dishonesty Disciplinary Mechanism.Including weaken of the ethics&integrity restrain to market credit,weaken of the market order restrain to market credit,the third party intervention in the market credit and the building of four aspects of modern social credit system.Second,the definition of the dishonest behavior and disciplinary power.Including the definition of dishonest behavior and the definition of disciplinary power.Third,the definition of disciplinary mechanism.Including the conception of castigation mechanism of breaking faith and the contents of castigation mechanism of breaking faith.The second part is about the framework and operation process of Dishonesty Disciplinary Mechanism.First,the basic framework of Dishonesty Disciplinary Mechanisms,including the credit supervision to discredit executed person by the Supreme People's Court,the credit supervision to illegal counterpart by Administrative supervision department,the credit supervision to discredit main body,the credit supervision to discredit members by associations.the subject of dishonesty joint credit supervision.Second,the operation process of Dishonesty Disciplinary Mechanism.Including following processes,confirming the discredit disciplinary person and inform,then the Administrative supervision departmen conducting the relevant disciplinary measures,Once again announce to the whole community announced disciplinary situation through the information publicity system.Moreover,to repair the credit and complain objection to the discredit disciplinary person.The third part is interest derogation of relevant part caused by he credit supervision department improper exercise.First,the improper exercise performance of credit supervision department.Mainly including the lagged behind of credit supervision departments in the process of building the rule of laws,the improper exercise of discretion of the administrative supervision departments during the implementation of disciplinary measures,the abuse of administrative regulatory functions and the disciplinary inadequate protection of the relative person to participate.Second,the improper impairment of the punishment legitimate rights and interests of the relative.Mainly display as the disciplinary relative property rights are being infringed,disciplinary relative social security rights and interests are infringed,disciplinary relative administrative licensing and disciplinary interests relative job interests is damaged and the relevant disciplinary relative trading opportunities are lost;Third,the legitimate rights and interests of the third person outside the case is improper impairment.The main content is the definition of the third one outside the cases and the case of the legitimate rights and interests improperly impaired of the third one.Forth,the right of the subject of the right to relief is not guaranteed,including the problems of administrative reconsideration and administrative litigation problems.The fourth part is to explore the path of integrity punishment.First is to improve the punishment system of normative documents,including the development of the administrative supervision of dishonesty disciplinary normative documents and administrative supervision of disciplinary normative documents in compliance with the statutory requirements;Second is to improve the supervision of the administrative supervision departments,including the leadership mechanism,adhere to the superior departments to realize the linkage between different departments and improve the supervision department the level of law enforcement;Third is to improve the credit supervision of the administrative procedures,including the administrative supervision departments in accordance with the procedures for the exercise of decision-making power and administrative supervision departments in accordance with the procedures for the exercise of executive power and administrative supervision departments in accordance with the procedure of exercising the right of supervision;Forth is to protect the rights of the damaged rights relief;Fifth is to strengthen self-discipline of credit subjects,credit subject adhere to and avoid the occurrence of acts of dishonesty,dishonesty body to cooperate with regulatory disciplinary measures;Sixth Sound dishonesty disciplinary mechanisms,including trustworthy incentive mechanism,credit repair mechanism and dishonesty of the debtor's rights protection mechanism.The fifth part is about how to improve the supporting mechanism of dishonesty discipline.First is to strengthen self-discipline of credit subjects.The credit subject should insist in credit and avoid the occurrence of dishonest acts.The dishonesty body should cooperate with regulatory disciplinary measures.Second is to improve the disciplinary coordination mechanism,including credit incentive mechanism,credit repair mechanism and dishonest debtor rights protection mechanism.Third is to play a variety of credit constraint mechanisms in to work,including market constraints mechanism,restriction mechanism,social mechanism.