| Credit is the cornerstone and soul of the operation of socialist market economy,a nd also the basic guarantee for the healthy development of socialist market economy.In western market economy countries,honesty is generally regarded as "the best mea ns of competition".The reason is that.The main reason is that market economy is cred it economy,and honesty is the basic criterion of market economy.With the developm ent of China's market economy,the public resources trading market is becoming more and more prosperous,and its scope and quantity are also increasing.However,some market participants resort to all means in order to pursue profits,such as the collusion of bidders,the disclosure of bidding agencies,the private agreement of bid evaluatio n experts and so on.These acts not only violate the basic principles of good faith,but also violate many legal provisions.The publicity and public welfare of public resource s determine that dishonest behavior in transaction not only infringes on the legitimate rights and interests of those who keep their promises,but also destroys the market ord er of fair competition,resulting in low efficiency of public resource allocation.To this end,In practice,various ways have been adopted to punish dishonesty in public resou rces transactions,such as publicity of bad behavior records,blacklist system,multi-se ctoral joint punishment,etc and gradually formed a disciplinary mechanism for disho nesty in public resources transactions.Breach of trust punishment in public resources transactions is a comprehensive c oncept,which mainly includes breach of trust information disclosure punishment and market access qualification restriction punishment,the nature of which is different.T he nature of punishment for dishonest information disclosure is administrative factual behavior.Although it does not directly cause damage to the interests of the subject of dishonesty,it affects its rights and obligations after all,and should be given the right t o relief.The nature of market access qualification restriction punishment is administra tive punishment,which has a greater impact on the subject of dishonesty.It should be implemented strictly according to law.Of course,the joint punishment for dishonesty also includes such disciplinary measures as restricting access to administrative permis sion and financial subsidies,but these disciplinary measures are still being explored a nd immature from setting to implementation.However,no matter what the nature of di sciplinary measures should be in the orbit of the rule of law.The basic theory of punis hment for breach of trust in the transaction of public resources is the premise and fou ndation for the study of its legal regulation.From the perspective of economic law,Th e essence of punishment for dishonesty in public resources transaction is the governm ent's intervention in the market of public resources transaction,so as far as the legal b asis of punishment for dishonesty in public resources transaction is concerned,it is ne cessary for the government.Mainly includes the good faith theory,the state interventi on theory,the fair theory and the transaction cost theory.At present,the government plays a leading role in regulating the trading market of public resources,and punishment for dishonesty as a new regulatory means has ach ieved some results in practice,and the efficiency of public resources allocation has be en greatly improved.However,some chaotic phenomena and problems exposed in the process of punishment for dishonesty also need our attention.Through Combing the l egislation and practical research in the field of punishment for dishonesty in public re sources transactions,we find that there are many problems in this field at present.Lac k of legitimacy,including the serious lag of relevant legislation,it is difficult to adapt to the needs of market transactions of public resources and the setting of disciplinary measures for dishonesty offside.Secondly,the lack of rationality is mainly that the m ain body of punishment for dishonesty has not yet been unified.In order to pursue the effect of punishment,some local governments or departments bring some minor or ne gligent acts of dishonesty into the scope of punishment,which makes the punishment of dishonesty tend to be generalized and abused;Thirdly,there is a lack of due proces s.The legitimate rights and interests of the dishonest subject,such as the right to know and the right to state and defend,can not be guaranteed.Fourthly,the relief path is not smooth,and the punishment of dishonesty has a great impact on the subject of dishonesty in the transaction of public resources,but the provisions of the subject of dishone sty through objection appeal,administrative litigation and administrative compensatio n are less and some are controversial;Fifth,The credit repair mechanism is not perfect.The purpose of punishment for dishonesty in public resources trading is not to drive t he subject of dishonesty out of the market completely,but to serve the construction of an honest,fair and efficient resource trading market.To achieve this,The subject of di shonesty should be allowed to reform and establish a credit repair mechanism.Althou gh the state has begun to pay attention to the problem of credit repair,the preconditio ns for credit repair and how to carry out credit repair need further study.In view of the above problems,we need to start with revising laws and regulatio ns such as Tendering and Bidding Law and Government Procurement Law,formulate special laws to punish dishonesty in public resources transactions,and set up disciplin ary measures in public resources transactions according to law.In addition,the subject of punishment should be unified from top to bottom,and the scope of punishment for dishonesty should be strictly limited according to the seriousness and subjective state of dishonesty.At the same time,we should formulate disciplinary procedures with ri ghts protection as the core,strictly follow the notification procedures,and set up heari ng procedures.Once again,We should improve the relevant provisions of the relief of the subject of dishonesty through objection appeal,administrative litigation and admi nistrative compensation,and improve the credit repair mechanism from the aspects of preconditions,methods and results of credit repair. |
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