Font Size: a A A

Research On Disciplinary Problems Of Administrative Breach Of Trust

Posted on:2021-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:D Z ZhangFull Text:PDF
GTID:2416330623476643Subject:Law
Abstract/Summary:PDF Full Text Request
In a market economy environment where the social credit governance system is still incomplete,it is difficult for traditional credit management methods to effectively curb the increasingly widespread social credit crisis.As a new type of credit supervision method,administrative dishonesty punishment has been widely applied and popularized in practice due to its wide supervision scope,strong punishment and good punishment effect.However,there are still many problems and shortcomings in the rapid development of administrative dishonesty punishment.How to perfect the problems in the implementation of administrative dishonesty punishment is a realistic problem to be solved at this stage.Therefore,this article relies on the basic principles of administrative law,analyzes the basic theories of administrative dishonesty punishment,reveals the legal problems existing in the implementation of administrative dishonesty punishment,and proposes corresponding perfect suggestions,which has certain theoretical and practical significance.The first part of this article summarizes the administrative dishonesty punishment,summarizes the basic concepts of administrative dishonesty punishment,analyzes the characteristics of administrative dishonesty punishment,studies the classification of measures for dishonesty punishment,and the theoretical issues of the legal nature of administrative dishonesty punishment.The problems and improvement of administrative dishonesty punishment lay a theoretical foundation.In the second part,the author reviews the development process of administrative dishonesty punishment in our country,reviews and analyzes the status quo of administrative dishonesty punishment,and further expands the research depth of administrative dishonesty punishment.In the third part of the article,the author first analyzes and points out some problems and deficiencies in the implementation of the administrative dishonesty punishment,and in the fourth part combines the basic principles of administrative law with corresponding suggestions for the existing problems.Firstly,administrative dishonesty punishment faces a serious lack of legal basis,which severely restricts the implementation of administrative dishonesty punishment according to law;it isnecessary to further strengthen basic legislation,do a good job of linking with existing legal norms,and improve administrative aspects in many ways.The legal basis for the implementation of disciplinary measures.Secondly,there are problems with the generalization of the scope of punishment for administrative dishonesty and the vagueness of the scope of punishment.It is necessary to further clarify the scope of application of administrative dishonesty,to clarify the applicable conditions of dishonesty,and to control the scope of punishment.Thirdly,there is the problem of improper punishment standards for administrative dishonesty punishment,which affects the realization of substantive justice.It is necessary to formulate uniform classification punishment standards to ensure the rationality and appropriateness of punishment discretion.Repeatedly,the administrative dishonesty punishment system is facing the problem of the absence of procedural norms,which is not conducive to the legitimacy of the procedure;it is necessary to gradually standardize its specific implementation procedures for punishment and continuously improve its disciplinary supervision procedures.Finally,the right relief mechanism for administrative dishonesty punishment is not yet available,and effective remedies for the right are limited.The need to guarantee the implementation of administrative review and litigation rights during the implementation of the administrative dishonesty punishment system,to clarify the liability for administrative infringement,and to smooth the subject of punishment Rights relief channels.
Keywords/Search Tags:Unfaithful acts, Dishonest punishment, Administrative punishment
PDF Full Text Request
Related items