Research On The Punishment Mechanism For Natural Persons' Untrustworthiness In The Field Of Social Integrity

The actual function of Credit-breaking Punishment Mechanism is supervision and management,which plays different roles in the following three aspects: First,it covers areas that are currently inaccessible to Administrative Punishment,and serves as a deterrent and punishment for actions that have not yet been illegal;Second,as a supplementary punishment,it increases the cost of violations and suppresses the violations;Third,it can strengthen the implementation of laws,and play a urging role in refusing to perform legal obligations.Credit-breaking Punishment Mechanism is mainly divided into two parts: Credit-breaking Evaluation and Disciplinary Measures.The content of the two parts has its own basis,not one-to-one correspondence.The objects of Credit-breaking Evaluation are divided into uncivilized behavior,illegal behavior and refusal to perform legal obligations: The first two types of Credit-breaking Evaluations are Administrative Punishment and are suable;The third type of Credit-breaking Evaluation is a procedural administrative act,which is not suable and can only be submitted to the court for correction or review.Disciplinary Measures are divided into social disciplinary measure,market disciplinary measure,industry disciplinary measure,judicial disciplinary measure and administrative disciplinary measure.The administrative organs are instructive but not compulsory for the regulations of first three types,and they do not have a direct relationship with the lawbreakers.And judicial disciplinary measure is self-contained.The "blacklist" system and restricted qualifications in administrative disciplinary measure are Administrative Punishments and are suable.Issues such as insufficient legislative basis,unscientific identification standards,and inappropriate disciplinary measures in the implementation of the Credit-breaking Punishment Mechanism need to be resolved legislatively: First of all,to limit the scope of credit-breaking behavior is not to simply strip off uncivilized behavior and illegal behavior from the evaluation scope of the mechanism,but should be evaluated and punished around the meaning of "distrust".Secondly,according to the legal nature determined by each part of the content,clarify the legislative authority and the main body of execution.Whether it is Credit-breaking Evaluation and Disciplinary Measures,it needs to be implemented separately based on four areas of integrity construction(Government Integrity construction,Business Integrity construction,Social Integrity construction,Judicial Credibility construction).Finally,standardize disciplinary measures to make them consistent with the principle of legality,the principle of prohibiting improper connection and the principle of proportionality.