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On The Development Of The Creativity Of Postgraduates

Posted on:2021-04-28Degree:MasterType:Thesis
Country:ChinaCandidate:S H XiaoFull Text:PDF
GTID:2416330614953972Subject:Law
Abstract/Summary:PDF Full Text Request
In 2014,the State Council's "Outline of the Social Credit System Construction Plan(2014-2020)" specified that my country should build a disciplinary punishment mechanism to promote credit legislation.The disciplinary punishment system,as a system arrangement for punishing untrustworthy subjects,is conducive to improving social credit and subject integrity.In the absence of central level credit legislation in our country,local governments are actively exploring the disciplinary disciplinary system,the scope of application is getting wider and wider,and the relevant normative documents are growing rapidly.Therefore,the development and effective operation of our disciplinary disciplinary system are considered on the basis of local practice Is really necessary.In local practice,the disciplinary disciplinary system mainly focuses on discernment,disciplinary measures,and credit repair,and there are general and exceptional practices.The local disciplinary punishment system reflects the problems of inconsistent recognition standards,incomplete punishment measures,imperfect credit repair and lack of procedural guarantees.These problems are caused by a variety of reasons: first,the lack of central legislative guidance,local decentralized legislation makes the disciplinary disciplinary system obvious regional;second,the disciplinary reasons are not established,so that the disciplinary design lacks the core and is not a system;again,not fully considered Relevance;Finally,the margin of local legislation is unclear,which leads to non-standard disciplinary legislation.The development of disciplinary punishment system can be considered from the aspects of promoting credit legislation and improving the core system.In terms of credit legislation,the central legislation should clarify the guiding ideology,basic principles,basic composition,basic procedures and other elements of the disciplinary penalty system,so that my country has a relatively unified disciplinary penalty system.Local credit legislation needs to reach a marginal consensus,which not only follows the basic requirements of central credit legislation,but also reflects local characteristics and requirements,and forms an effective management system for disciplinary punishment.In terms of improving the core system,one is to perfect the rules for determining dishonesty,clarify the standards and scope of dishonesty determination.The determination of the range of dishonesty must not only fully consider the relevance to dishonesty to overcome the excessive use of dishonesty punishment system,but also consider social tolerance,soas to prevent the abuse of dishonesty punishment system to a certain extent.The second is to perfect the rules of disciplinary measures and make the disciplinary measures systematic.Disciplinary reasons should be the core of the design of disciplinary measures rules.When categorizing and classifying disciplinary measures,the situation of the subject should be fully considered,and at the same time,the relevance considerations should be used to restrict the application of the idea of ?? "one dishonesty,limited everywhere".The third is to enrich the credit repair rules and provide smooth relief channels for untrustworthy subjects.
Keywords/Search Tags:Disciplinary punishment, Local practice, Credit legislation
PDF Full Text Request
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