Research On The Legislation Of Disciplinary Punishment Of Dishonesty

Under the current economic market environment,there are a large number of untrustworthy behaviors.Disciplinary punishment is a direct and effective way to solve the current situation of dishonesty.China's market economy needs to develop in a healthy and orderly manner.It is necessary to establish a well-functioning disciplinary system for dishonesty,and the establishment of a disciplinary system for dishonesty.Perfection must rely on the strong backing of the law.Therefore,it is imperative to speed up the legislation of the disciplinary system for dishonesty.At present,although the state organs of China have issued a large number of relevant normative documents on the provisions of disciplinary regulation of dishonesty,most of them are policy documents,the level of legislation is very low,there are a lot of problems,and there is a lack of systematic organization and research.First,the definition of the duty of disciplinary punishment is different from the traditional legal responsibility.It is a new type of responsibility.It needs to make a clear distinction and determination.This is the key and premise of legislation.Second,on the issue of perfecting the legislation of dishonesty.It can effectively solve the choice of legislative form,which leads to the unclear responsibility of the legislative perfection,the unclear starting procedure,etc.,and the advancement of legislative perfection is hindered.Third,the system is incomplete in the content structure of the legislative text,especially the implementation of disciplinary punishment.The issue of institutional guarantees to people has not given due attention.The resolution of this major practical problem does not provide sufficient theoretical basis.Disciplinary action as a new type of responsibility creates new restrictions on the freedom of citizens' behavior and cannot be covered by traditional forms of legal liability.China should enact the Law on Disciplinary Treatment of Distrust and Credibility,and make clear provisions on the following contents.First,the criteria and procedures for the unification of untrustworthy behaviors are based on the three aspects of illegal frequency,social order destruction and subjective malignancy as the criteria for determining the act of dishonesty;the procedure for determining the act of dishonesty should include: investigation and evidence collection,notification,and listening.The five steps of the statement and defense,decision and delivery of the dishonesty.Second,determine the scope of the subject of dishonesty for dishonesty,including natural persons,governments and enterprises,institutions and social groups,and implement the responsibility for dishonesty of enterprises,institutions and social groups to the relevant responsible persons.Third,determine the scope of disciplinary measures for dishonesty,such as the disclosure of information on untrustworthy subjects,qualification restrictions,high consumption restrictions,and strong supervision,and determine the scope of the main body of the disciplinary measures.Fourth,determine the implementation procedures for disciplinary punishment.When the subject of disciplinary measures makes a negative evaluation of the untrustworthy perpetrator,procedural justice cannot be ignored when focusing on substantive justice.The implementation procedures for disciplinary punishment shall include information collection,information notification and prior opposition procedures,information review and publication,repair and withdrawal procedures,and removal of disciplinary measures.Finally,to determine the rights protection and relief mechanism for the subject of dishonesty,it is necessary to eliminate the limits of the disclosure of information on disciplinary information,strengthen the supervision mechanism of distrust and punishment,appeal,reconsideration and litigation to protect and remedy the legitimate rights and interests.