On The Defects And Perfection Of The Mechanism Of Dishonesty And Punishment In China

In the five years since the 18 th National Congress of the Party,under the strong leadership of the Party Central Committee with Comrade Xi Jinping as the core,the Supreme people's Court has adhered to the socialist thought with Chinese characteristics in the new era as its guide.Working closely around the goal of "making the people feel fair and just in every judicial case" from 2013 to 2017,courts at all levels have stepped up their enforcement efforts,worked hard to solve the difficulties of execution,accepted 22.246 million execution cases,and handled 21 million enforcement cases.The amount of money in place was 7 trillion yuan,up 82.4% and 164.1% respectively from the same period last year.Accumulative public letters of execution of breach of trust by national courts 9 million 961 thousand passengers,10 million 148 thousand passengers to buy tickets limit,limit 3 million 912 thousand people take the train and high-speed rail,2 million 215 thousand people were frightened by the credit discipline initiative to fulfill the obligations;to increase the resistance to the implementation of acts of punishment to the crime of refusing to execute the judgment 9824 criminals were sentenced,a dishonest,everywhere restricted credit punishment pattern shape,strong to promote the construction of social credit system.The "problem" difficult to enforce the work of the court,in the disciplinary mechanism operation,indeed with excellence,continuous innovation and practice courts at all levels in the implementation of measures to force and supervise the execution.For the corresponding legal obligation,but with the implementation of the disciplinary mechanism in practice,its shortcomings have become more and more obvious.Based on the disciplinary mechanism background and legal principle,analysis of the current operation status,and the inadequacies of the comparative analysis,the author puts forward some personal dishonesty disciplinary mechanism further to construct and perfect the view,apart from the introduction and conclusion,is divided into three chapters.The first part is to put forward the problems existing in the punishment mechanism of dishonesty.Although the mechanism of dishonest punishment has contributed a great deal to the solution of the difficult problem of implementation in our country,there are still some deficiencies that can not be ignored,whether from the theoretical level or the practical level.The mechanism of dishonest punishment is not perfect,the neglect of human rights guarantee and the weakness of legal theoretical basis are all problems that we have to pay attention.The second part is to analyze the construction of the whole punishment mechanism,first of all,from the social background of the mechanism,from the social credit environment and related factors to analyze the cause of the punishment mechanism.Secondly,from the basic theory level,it analyzes the goal pursued by the disciplinary mechanism of dishonesty,the legal principles that are generally followed in the operation of the mechanism,as well as the three kinds of legal nature of the punishment mechanism of breach of trust that the academic circles believe to belong to at present.Finally,from the point of view of practice,this paper analyzes the practical measures and practical problems encountered in the course of operation.The third chapter is to explain and analyze the shortcomings of the dishonest punishment mechanism in our country at present.Firstly,it is the theoretical aspect of the law.At present,there is a phenomenon that the punishment mechanism of discredit exists in our country before legislation.The upper law is blank,the legal rank is lower,and the subject level of making laws and regulations is lower.Secondly,the guarantee mechanism and relief mechanism related to the executor are not perfect,the protection mechanism of the rights and interests of the executor is too rough,floating on the surface,most of them can not be effectively implemented.This makes the legal rights and interests of the person subjected to no protection.And finally,through This paper analyzes and compares the alienation phenomenon in the practice of disciplinary measures and concludes that the disciplinary mechanism should follow but not be followed in practice: the principle of proportionality the principle of differentiation and the principle of responsibility conceit.The fourth part is the core chapter of this paper,the author mainly through the legislative and judicial perspective to put forward some personal suggestions on the operation of the disciplinary mechanism of breach of faith,through the above analysis of the shortcomings of the mechanism.Pertinently put forward the related improvement view.From a legislative point of view,legal construction,such as proposing that the National people's Congress should introduce legislation into articles of association,restrict local legislative power,and amend existing laws that are no longer suitable for practice,To solve the legal construction of disciplinary mechanism deficiencies and specific implementation of non-standard.From a judicial point of view,the proposal is to improve the current relief mechanism and screening mechanism for those who have broken their promises,and In order to solve the balance between the rights and interests of the executor and the applicant in practical activities,it is also the balance between the public welfare and the private rights and interests of the state and society.