The Analysis On The Generalization Of The Application In Administrative Punishment System For Breach Of Faith And Its Regulation

The system of administrative punishment for breach of faith has a certain promoting effect on the governance of social diseases,and has the advantages of low cost and significant effect,so it is favored and widely applied in practice.However,due to the lack of corresponding regulations,there is confusion in both legislative practice and law enforcement practice,which leads to the generalization of the application of the administrative punishment system for breach of faith and arouses people's doubts on its legitimacy.Therefore,it is necessary to start with the text of legal norms to find out the reasons for the generalization of the administrative punishment system for breach of faith.Based on the existing legal norms of the text about the breach provisions of administrative punishment system,found that the system exists,unclear legal nature,the lack of high rates of legal regulation,to the understanding of the connotation of dishonest acts has deficiencies chaos and confusion,and the unclear of breaching of administrative discipline implementation main body,and many other problems.In order to improve these problems,it is necessary to reposition the nature and function of the administrative punishment system for breach of faith in combination with legislation,law enforcement and judicial practice.The function of this system isto strengthen and supplement the administrative supervision.Moreover,it is divided into two parts: the identification of breach of faith and the implementation of disciplinary measures.The identification of breach of trust involves the evaluation of the relative person's credit by the administrative authority and may affect the rights and obligations.It is characterized as the administrative confirmation of quasi-administrative acts.The nature of disciplinary measures is determined according to the degree of impact on the rights of the parties,which can be divided into strengthening supervision,deprivation and restriction of rights,and joint disciplinary measures.The former two are respectively administrative factual acts and specific administrative acts.As for the joint punishment,it should at least be regulated according to the provisions of administrative penalty.At the same time,special legislation should be made on the administrative punishment system for breach of trust,and the legal level of the establishment of administrative punishment system for breach of trust should be clarified,so that the operation of the administrative punishment system for breach of trust can be carried out within the rule of law.When establishing the specific application of the administrative punishment system for breach of trust,it is necessary to take into account the degree of the impact of disciplinary measures on the rights of the actor for typification,which is constrained by the principle of proportion and the principle of prohibition of improper association.For the first type of disciplinary measures,all violations related to administrative management can be applied;for the second type,it should be limited to the illegal acts of market entities and industry practitioners in their business activities;for the third type,it should be considered in combination with the key areas and serious breach of trust.It is also necessary to establish the specific implementing subjects and procedures of the administrative punishment system for breach of faith in accordance with the idea of typification.For the first category mentioned above,the general administrative subjects can be implemented.For the second category,the main body of the behavior should match the main body of the punishment.For the third category,the credit information management department shall be set up to determine the object and method of joint punishment,and then the administrative organs shall implementspecific disciplinary measures within their respective limits of authority.The specific implementation procedures of the administrative punishment system for breach of faith must be informed by a written decision of the behavior determined as breach of faith,the basis and reasons should be clarified,and the disciplinary measures that may be involved should be explained.At the same time,it is necessary to guarantee the right to plead and inform the way of remedy and to ensure that the subject of the implementation of legitimate procedures,so as to avoid the abuse of this system.