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Research On The Punishment Mechanism Of Dishonesty

Posted on:2021-05-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y J XiaFull Text:PDF
GTID:2416330623469903Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Good faith is a kind of good moral character,and also an inevitable element of economic and social development.Without the existence of integrity,the market order will become chaotic,social harmony will not be achieved.Although China has been working hard to build an honest society and promote the widespread recognition of honest values,the phenomenon of breaking faith still keeps appearing,and the "Deadbeat" group is still expanding,which makes the problem of dishonesty become a major obstacle to social development.Therefore,social governance needs to pay attention to the norms and punishment of dishonest behavior,and then solve the derived social problems.An important measure is to establish a perfect punishment mechanism for dishonesty.By limiting the dishonest subject,we can deter and warn the dishonest,so as to strengthen the governance of dishonesty and ensure the harmony and stability of society.Since the 18th National Congress of the Communist Party of China put forward the tenet of "praising honesty and punishing dishonesty",the party and the government have paid more and more attention to the construction of credit system,and more and more disciplinary measures and policies have been taken against the dishonesty subject.The promulgation of a series of laws and policies has laid a solid foundation for the construction,consolidation and improvement of the punishment mechanism for dishonesty.The implementation of the punishment mechanism for dishonesty involves many aspects and has a wide range of fields.It is an essential link in the construction of social credit system and credit system,both from the legislative level and from the perspective of judicial practice.However,at present,there are still many deficiencies in the mechanism of punishment for dishonesty implemented in China,and the methods and means of punishment still need to be improved.Therefore,more and more theoretical research is needed to analyze the concept,implementation,deficiencies and how to construct the mechanism,link the relevant laws and regulations of dishonesty governance with social hot issues,and put forward the problems existing in the mechanism and corresponding solution,further perfect the system in the field of disciplinary construction.This paper discusses the theoretical basis of the mechanism,the current situation and experience of foreign countries,the current situation and problems of domestic implementation,and the countermeasures and suggestions to improve themechanism,analyzes the achievements and shortcomings of the mechanism,and puts forward some suggestions.First of all,it analyzes the relevant concepts of the dishonesty punishment mechanism,classifies the mechanism according to different standards,and interprets the implementation purpose of the mechanism from three aspects: the protection of civil rights,the efficiency of court enforcement,and the construction of social integrity;Secondly,it summarizes the advantages and disadvantages of the dishonesty punishment system in the United States,Germany and Japan,hoping that it can be used as a reference for the improvement of China's dishonesty punishment system.By listing the relevant laws,regulations and policies implemented in our country,this paper analyzes the development of China's dishonesty punishment,and puts forward four problems in the implementation of China's dishonesty punishment mechanism,including imperfect regulations and standards,information sharing and publication to be strengthened,imperfect objection and withdrawal mechanism,and lax application of joint responsibility.Finally,in view of the shortcomings of the above-mentioned punishment mechanism of dishonesty in China,the corresponding and feasible countermeasures are proposed from the aspects of legislative construction,punishment strength,information sharing,platform construction,relief channels,rules application,etc.
Keywords/Search Tags:Dishonest Phenomenon, Punishment Mechanism of Dishonesty, Current Situation of Credit System
PDF Full Text Request
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