Research On Public Credit Joint Punishment

With the development of market economy and the progress of information technology,credit information is more and more widely used in social and economic life.Under the background of the construction of social credit system,administrative credit tools play an important role in maintaining the social credit order.Public credit punishment is not only the core of administrative credit supervision tools,but also an important part of social credit system construction.It is based on the collection,collation,evaluation and use of public credit information.Through the publicity of credit records and credit information,the administrative organ restricts and restricts the relevant behaviors or rights of the dishonest subject.As a new concept,the connotation and identification of public credit punishment are not very clear.At present,there are no special laws and regulations on credit punishment,lack of unified standards and superior legal basis.In practice,there are also problems such as the generalization of setting subject and punishment measures,abuse and expansion in implementation.From the perspective of the construction of social credit system,the joint punishment of public credit has a strong deterrent force,which plays a very good role in punishing dishonesty,maintaining social credit order,and strengthening postsupervision.However,from the perspective of public law principles and the protection of the rights of administrative counterpart,it should be used under the legal principles such as the prohibition of improper connection,the principle of legal reservation and the principle of proportion.Starting from the legal provisions and judicial practice,this paper explores the joint punishment of public credit.In the introduction part,the author expounds the credit system of our country,and makes it clear that the research content of this paper is the public credit punishment system which is the core of administrative credit supervision tools.The article is divided into five parts:The first part is the problem: Based on the "dominating seat" incident of high-speed rail.In this part,the social discussion and legal issues caused by the high-speed rail "dominating the seat" event are discussed.The second part is the definition and legal attribute of public credit punishment.This part includes the definition of the concept of public credit punishment,the theoretical point of view of the legal attribute,based on the analysis and summary of judicial cases,the definition and legal attribute of public credit punishment are clear.The third part is the classification and setting of public credit punishment.This part sorts out the types of dishonest behavior and punishment,puts forward that different types of public credit punishmentshould follow different rules,and expounds the connection between credit punishment and administrative punishment law.The fourth part is the principle of joint punishment and prohibition of improper connection of public credit.This part first explains the joint punishment in the public credit punishment.Combined with the principle of prohibiting improper connection in administrative law,the behavior of joint punishment violates the principle of prohibiting improper connection.The fifth part is the implementation procedure of public credit joint punishment.This part expounds the implementation procedure of public credit punishment from the lack of legal procedure and the implementation of due process principle.The sixth part is the internal requirement of public credit joint punishment: credit restoration.In this part,the essence,current situation,subject and condition,procedure and way of credit restoration system are elaborated.