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A Study On The Legitimacy Of Administrative Disciplinary Measures

Posted on:2021-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:M YangFull Text:PDF
GTID:2416330626959846Subject:Law
Abstract/Summary:PDF Full Text Request
Joint disciplinary measures for dishonesty are an effective means of guaranteeing the order of social credit,and have played an important and positive role in the construction of my country's social credit system.However,in recent years,there have been frequent phenomena of inequitable punishment,joint punishment,and violation of citizens' legal rights in the field of credit punishment,which has caused great public concern about the abuse of joint disciplinary measures for dishonesty.The joint disciplinary measures for dishonesty face serious legal Sex crisis,the legitimacy of China's social credit construction has also been questioned.Although the establishment and implementation of joint disciplinary measures for dishonesty certainly have its legality and legitimacy,there are also some phenomena in which joint disciplinary measures for dishonesty deviate from the requirements of legality.In view of this,review the legality of joint disciplinary measures for dishonesty and violate the law as soon as possible The combined disciplinary measures of untrustworthiness based on the principle of sex are included in the orbit of rule of law,which is the only way to build the credit of rule of law in China.This article focuses on the legality of the joint disciplinary measures for dishonesty,classifies them on the basis of clarifying the relevant concepts and nature of the joint disciplinary measures for dishonesty,and defines the dishonesty that should be included in the scope of joint dishonest dishonesty from the subjective intentionality and severity of the dishonesty Behavior,clarify the scope of application of joint disciplinary measures for dishonesty.Analyze the current status of the implementation of joint disciplinary measures for dishonesty in China,systematically elaborate the chaos in the process of implementing joint disciplinary measures;sort out the relevant regulations,and point out the low level of effectiveness of the norms and the inconsistency in the implementation of standard norms and other issues,which results in joint disciplinary measures for dishonesty The measures face an important reason for the legality crisis.Summarize the legality requirements of the joint disciplinary measures for dishonesty,summarize and integrate the joint disciplinary measures for dishonesty that violate the legality requirements from the aspects of administrative principles according to law,the principle of proportionality,the principle of prohibition of improper connection,the principle of due process and the principle of protection of human rights,etc.And put forward suggestions to improve the legality of joint disciplinary measures for dishonesty.
Keywords/Search Tags:Dishonest joint punishment, joint disciplinary measures for dishonesty, legitimacy, principle of proportionality
PDF Full Text Request
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