Legal Control Of The Expansion Of Joint Disciplinary Powers

With the rapid development of China's economy,the current situation of social credit that does not match the speed of economic development has become an obstacle to the further development of China's economy and the further expansion of Chinese enterprises into the world.It is very necessary to improve the credit status of the Chinese market,but it is difficult to rely on market adjustment to achieve the goal of credit construction and promotion based on China's current social credit conditions.Unlike the construction of a market-led social credit system in the United States and an industry-led social credit system in Japan,China adopts a construction model of a government-led social credit system.In the process,the low-cost and high-efficiency dishonest joint punishment system has become a powerful tool for quickly building a credit society and alleviating the current lack of social credit.With the spread of the joint punishment system for dishonesty across the country and the widespread use of the joint punishment power for dishonesty,the issue of the expansion of joint punishment power for dishonesty has entered people's field of vision.The discussion of power expansion is a long-established proposition in the legal field,but power expansion and its manifestations are different in different eras,so it is necessary to discuss power expansion in the context of dishonest joint punishment.As a kind of power,the power of dishonest joint punishment has a natural expansion attribute,coupled with the deformation of the implementation of the policy and the lack of a uniform legal basis,a unified and standardized power operation procedure,the compound nature of the power of dishonest joint punishment,and its corresponding responsibility mechanism.The combination of factors such as the lack of design of the relief mechanism and other factors have caused the problem of the expansion of the joint punishment right for dishonesty to become increasingly serious.The specific manifestation is the lack of a unified upper law in legislation;some content of local legislation conflicts with the higher law;and the existing local laws and regulations have large differences.Because the joint disciplinary measures against dishonesty are cross-sectoral and cross-regional punishments,Differences in local regulations will affect the fairness of power operation,thereby infringing on the legitimate rights and interests of untrustworthy persons.It is necessary to clarify the meaning of serious untrustworthy acts and formulate a unified superior law.In law enforcement,the discretionary power in the exercise of joint disciplinary powers for breach of trust has a large space for exercise,and the power operation is easy to invade among private subjects and even violate the basic rights of dishonest persons.In the judicial aspect,there are cases of excessive pursuit of enforcement efficiency,ambiguous discretionary standards and even violation of basic rights.Power expansion within a certain limit is conducive to better achieving administrative goals and improving the efficiency of China's economic operation.However,power expansion beyond this limit is likely to infringe on the legitimate rights and interests of dishonest persons and damage the credibility of government departments.Therefore,the legislative side should pay attention to distinguishing the powers of national and local legislation.In particular,the relevant standards in national legislation should be as uniform,clear and easy as possible;perfecting the joint disciplinary mechanism for breach of trust and the right to control joint disciplinary actions for breach of trust are mutually exclusive relationship.One of the fundamental reasons for the easy expansion of the right of joint punishment for dishonesty is that governments at all levels and their government departments have not grasped accurately what serious dishonesty is,which leads to problems in understanding in practice and the resulting power expansion,and to clarify the core of serious dishonesty.It is of great significance to solve this problem.Increasing the proportion of supervision by social media and supervisory committees will help promote the proper exercise of power by government departments.Improve the power of traditional supervision methods,reduce the scope and frequency of the use of joint disciplinary powers against dishonesty,and protect the legitimate rights and interests of dishonest people as much as possible by clarifying the subject of responsibility,segmental relief,and litigation;improve the effectiveness of traditional law enforcement methods and improve relief of the legitimate rights and interests of the dishonest person is also the meaning of controlling the joint punishment power of the dishonesty.In a word,the joint punishment right for dishonesty plays a huge role in the process of building China's credit society.However,the right of joint punishment for dishonesty is not a perfect power,and it needs to be controlled by legal means in order to exert its maximum effectiveness.