The Conflicts And Balance Between Disciplinary Mechanism Against Dishonest Acts In China And The Protection Of Personal Rights

Honesty is a traditional virtue of China,as well as an important part of socialist core values.Building a good faith society is the theme of our social development.At the same time,credit is also a key factor which affects the good operation of market economy.As a result,the credit reporting system has emerged,and the credit reward and punishment mechanism has also formed preliminarily.The disciplinary mechanism against dishonest acts plays an important role in regulating dishonesty.However,the implementation of the mechanism will also have an impact on personal rights.Therefore,it is necessary to control and balance the conflict between the two to a certain extent.To begin with,in the system design and implementation of disciplinary mechanism against dishonest acts,the conflicts between the punishment for dishonest acts and the personal rights exist objectively.These conflicts mainly manifest in the restriction and deprivation of the rights of the dishonest by the disciplinary mechanism for dishonesty in our country.For example,the restriction of the right of freedom of the dishonest by taking entry-exit restrict measures,the restriction of the right of privacy and reputation of the dishonest through the publicity of "blacklist" and "list of dishonest enforcees",the deprivation of property rights of the dishonest by fines,and the restriction and deprivation of economic rights of the dishonest by restricting market access,etc.Moreover,from the theoretical point of view,it is necessary to limit the rights of the dishonest.The dishonest acts cause the damages of the interest of the counterpart and the public,and increase the transaction cost of the market.However,the punishment of dishonest acts led by administrative organs and judicial organs represents public power,and the public power is strong.For the realization of public interests,the punishment of dishonesty tends to break the limits of restriction.However,the protection of the rights of the dishonest is equally important.The punishment of the dishonest should be given,and the punishment of the dishonest should also have certain limits on the restriction of the rights of the dishonest.Beyond this limit,personal rights will be infringed.Therefore,it is necessary theoretically to maintain the balance between the punishment of dishonesty and the protection of the rights of dishonest persons.From the practical perspective,disciplinary mechanism against dishonest acts has its institutional advantages,and its operation is necessary for the construction of an honest society.However,there are excessive restrictions in the design and implementation of the disciplinary mechanism,which are embodied in the determination of dishonest acts,publicity and notification,punishments and relief of dishonesty.From this we can see that it is necessary to achieve the balance between the disciplinary mechanism and the protection of the rights of the dishonest under the current situation in the process of the implementation of the disciplinary mechanism against dishonest acts.In the end,in order to maintain the balance between the disciplinary mechanism against dishonest acts and the protection of personal rights,we should follow the guidance of principles such as the principle of legal restriction,the principle of specific purpose,the principle of proportionality,the principle of right measurement and the principle of due process.On the one hand,the limitation of the restriction of rights should be fully considered in the design of provisions,such as the determination of dishonest acts,the publicity of dishonest acts,and disciplinary measures for dishonest acts.On the other hand,in order to maintain the balance,while restricting rights,we should increase the protection of personal rights as well.Therefore,the objection procedures and relief measures is indispensable.At the same time,the improvement of the supplementary mechanisms of punishment for dishonesty are also conducive to the protection of personal rights,and the realization of the balance between the disciplinary mechanism against dishonest acts and the protection of the personal rights.