| Under the guidance of the State Council's policy and the efforts of the movement-style construction of administrative subjects at all levels,the administrative punishment system for dishonesty has achieved good results.The slogan of "one breach of trust,everywhere restricted" has been heard through every corner of society.However,the problems are also becoming more and more prominent,especially in relation to the fundamental issue of the establishment of disciplinary powers,and it is therefore necessary to place them in the context of administrative jurisprudence.Based on the text pattern of the system,combined with the principle of administrative rule of law and the connotation of substance,this paper looks for the orientation and micro operation of the system in the administrative legal system and tries to determine the entity standard of the system operation and the perfection of the related procedures.The first part of the article straightens out the administrative discredit punishment system produces the background and the function superiority.Under the background of the traditional administrative behavior defect and the construction of social credit system,the administrative dishonest punishment system,as a new administrative management means,is widely used because of its high effect and low cost,which can not only prevent risks for the public,but also effectively alleviate the problem of insufficient administrative resources,and become a powerful weapon for administrative organs to solve practical problems.The second part of the article aims to uncover the actual appearance of the system of administrative dishonesty punishment.Based on the relevant policies of the State Council and local texts to sort out the connotation of the system,the types of disciplinary measures.At the same time,compared with the traditional administrative handling behavior,it is found that the system is unique in operation logic,function play,protection of relative human rights and so on.At the end of this part,the author classifies the disciplinary measures of breach of trustby restriction of power,and analyzes them on this basis,and finally gives the system the dual nature of administrative punishment and administrative factual behavior.The third part focuses on the present situation of the construction of administrative dishonest punishment system,from legislation to practice,from central to local,from operation mode to judicial trial.In the fourth part,the author makes a microscopic analysis of the administrative punishment system for breach of trust and seeks out the practical problems existing in the advanced rule of law.At the legislative level,the majority of normative documents lead to the administrative subject's disciplinary power set in the law,especially joint punishment.And the boundary generalization of dishonest regulation makes the system expand in application.At the same time,the administrative subject also failed to form a proper relationship between the illegal and dishonest behavior,punishment and repair.It is not conducive to the exercise of the right to know and to defend against the breach of trust.In addition,the special exit mechanism in the administrative discredit punishment system failed to play a good effect.In general,the system focuses on the effectiveness of administrative governance and the legitimacy of the administrative rule of law,proportionality,relevance and other inadequate response.The fifth part of the article aims at the outstanding problems in the operation of the administrative discredit punishment system,returns to the basic principles of administrative law,on the basis of ensuring that the administrative subject's disciplinary right is set legally,clarifies the scope of application of breach of trust,introduces the principle of relevance in the application of punishment,and ensures due process by constructing complete pre-event procedure.At the same time,the original exit mechanism to put forward suggestions for improvement,play its due effect. |
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