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Research On The Improvement Of Joint Punishment System For Dishonest Behavior

Posted on:2021-04-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y G ChangFull Text:PDF
GTID:2416330626461302Subject:Law and law
Abstract/Summary:PDF Full Text Request
The introduction introduces the background of the topic and the significance of the research,pointing out that the basis for the establishment of the joint punishment system for dishonest behavior is the outline of the plan for the construction of the social credit system and the judicial interpretation of the Supreme people's court.The first chapter explains the four basic concept categories of the joint punishment system for dishonest behavior,probes into some cases of dealing with and evaluating dishonest behavior by law,and points out that joint punishment is the combination of implementing subjects and disciplinary measures.The article puts forward that people's courts and administrative organs have the right to identify the objects of joint punishment for breach of trust,including those who are executed for breach of trust and those identified by administrative organs.The second chapter reviews the evolution and development of the joint punishment system for dishonest behavior,which comes from the practice of China's market economy and originated from the punishment of dishonest persons by the Supreme people's court.The third chapter points out that the law basis and legal basis of the joint punishment system for dishonest behavior are insufficient and do not comply with the principles of administrative law such as statutory authority and prohibition of improper connection?The concept of social credit information in the premise of the joint punishment system for breach of trust is vague.The system may infringe upon individual rights in operationThe fourth chapter distinguishes the nature of disciplinary measures and points out that judicial interpretations,normative documents and disciplinary memo learn from each other.It is clear that the joint punishment for dishonest behavior is not an administrative penalty,and the legal nature needs to be analyzed in detail.The joint punishment against the person subjected to execution for breach of trust shall be a compulsory enforcement measure,and other departments shall undertake theobligation of assisting in the execution;And to the administrative organs identified as the breach of trust joint punishment object is a kind of administrative management measures.The five chapter proposes to introduce social credit law and enforcement law to provide law basis for the joint punishment system for dishonest behavior.The establishment of a social credit investigation system provides a prerequisite for the joint punishment system for dishonest behavior.Before the promulgation of the law,a list of standards for the identification of dishonest behavior and joint disciplinary measures shall be formulated,and a memo of regulations shall be cleaned up.The principle of due legal process should be adhered to in the operation of the joint punishment system for dishonest behavior.
Keywords/Search Tags:the social credit system, dishonest behavior, joint punishment
PDF Full Text Request
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