Research On The Local Legislative Authority In The Punishment Of Dishonesty

In 2016,the State Council issued a number of guiding opinions,which set up a basic framework for the punishment system of dishonesty and stipulated the basic principles,serious dishonesty and related punishment measures.Under the guidance of the policy documents of the State Council,the local government has successively carried out the pilot work of the legislation on the punishment of dishonesty and achieved certain results.Up to now,12 special local regulations,many local government regulations and a large number of local normative documents have been formulated.The special local laws and regulations have made clear all kinds of dishonest behaviors,punishment measures,list of serious dishonesty and credit restoration,etc.it has certain positive significance to lead the dishonesty punishment to standardization and institutionalization.However,due to the absence of legislation at the central level,there are some problems in the provisions of local legislation on the punishment of dishonesty.The definition of dishonesty is not clear in local legislation,and the boundary of dishonesty is vague.Only some places clearly define the concept of "social credit",and take "illegal act" and "breach of contract" as the basis for determining the credit subject's dishonesty.But for how to define dishonesty,local legislation still lacks substantive standards.In practice,a large number of illegal and even uncivilized behaviors are included in the local legislation,which makes the dishonesty generalized.In addition,different levels of disciplinary measures are set according to different degrees of dishonesty in different places,and many of them may involve the impairment of the rights of the actor and the increase of the obligations of the actor,which has the nature of administrative punishment.However,in combination with the provisions of local legislative authority in China's legislative law and administrative penalty law,the scope of authority for local authorities to set up a number of dishonest disciplinary measures conflicts with the principle of legal retention,and new types of administrative penalty are created.Therefore,the purpose of this paper is to analyze the current situation and existing problems of dishonesty punishment,and put forward corresponding suggestions.This paper is divided into four parts.The first part combs the concept and basic theory of dishonesty punishment and local legislative authority.The second part,by analyzing the dishonesty in the local legislation,lists the possible types of dishonesty,and puts forward the existing problems,including the lack of substantive standards to define the dishonesty,adding serious dishonesty beyond the authority,and confusing the boundary between dishonesty and illegal and uncivilized behavior.The third part analyzes the dishonesty punishment measures in the local legislation,clarifies the legal nature of the dishonesty punishment measures,the relationship between the dishonesty punishment and the principle of no punishment for one thing,and puts forward the existing specific problems,including the conflict with the principle of legal reservation,the creation of new types of administrative punishment,and the lack of procedural provisions of the dishonesty punishment measures.The fourth part puts forward relevant suggestions: the first is to establish the substantive rules of dishonesty,unify the classification of dishonesty by local legislation,and clarify the scope of local legislative authority of dishonesty.The second is to standardize the scope of dishonesty in local legislation,define the boundary between illegal and dishonest behaviors with dishonesty as the core standard,and uncivilized behaviors should not be included in dishonesty.The third is to limit the local legislative authority of the punishment measures for dishonesty and make clear the scope of the punishment measures for dishonesty that can be set and cannot be set.The fourth is to formulate the procedural rules of the dishonesty punishment measures in the local legislation,including the establishment procedures and application procedures of the dishonesty punishment measures.Through the above analysis and combing,the author hopes to further improve the system of punishment for dishonesty and protect the legitimate rights and interests of citizens,legal persons or other organizations.