A Study On The Rule Of Law Of The Punishment System Of Dishonesty

A country without virtue is not prosperous,and a man without faith is not established.In the Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning the Comprehensive Deepening of Reform(hereinafter collectively referred to as the "Decision")adopted by the Third Plenary Session of the 18 th Central Committee of the CPC,the Central Committee clearly proposed the establishment of credit supervision and punishment system for breach of credit.The punishment system of dishonesty has been widely concerned and discussed by the law circle since its implementation.Due to the practice and theory of dishonesty punishment,the development of dishonesty punishment lacks sufficient legal basis,and does not form a complete system of dishonesty punishment with internal logic.In this case,strengthening the construction of the rule of law of the system of punishing dishonesty has become an urgent task for the construction of the credit system.The construction of the rule of law of the dishonest punishment system,based on the following of "good law and good governance",formulates the good law in line with the spirit of legal governance and the actual situation of China,and takes the law as the criterion,adheres to the people-oriented principle,adheres to the punishment according to law,adheres to the joint punishment,promotes the establishment of the joint punishment of various industries in various regions,so that the dishonest will be punished,so that the trustworthy can obtain the punishment Reward,form a market joint defense of the whole society,so as to perfect the social credit system and promote economic development.In order to demonstrate,the first part of this paper will first analyze the connotation of the rule of law and the principle of the rule of law of the dishonest punishment system,which will be the basis of the following discussion.Then,the second part of this paper will summarize and sort out the policy documents,laws and regulations and other documents about the system of punishment for breach of faith,and take Shanghai as an example to represent the current situation of local legislation.Through enumeration and analysis,we find that there are several obstacles in the process of legalization of China's current dishonesty punishment system: lack of legal basis,implementation procedures are not standardized,blacklist system infringement and joint punishment system for dishonesty has not yet formed.The third part introduces the credit legislation and experience of the United States,Germany and the United Kingdom,and selects the parts that can be used for reference as the reference for the construction of the system of punishment for dishonesty in China.The fourth part,based on the analysis of the second and the third parts,provides a plan for the legalization of China's dishonest punishment system,from four aspects of legislation,law enforcement,justice and social joint punishment.Finally,the conclusion of this paper points out that under the background of the rule of law,the construction of the rule of law of the dishonest punishment system is urgent,and the theoretical research will provide a solid foundation for the rule of law of the dishonest punishment system.