A Study Of Administrative Law On The Punishment Mechanism Of Dishonesty In China

The punishment of dishonesty is a new kind of social governance means which focuses on the principle of good faith in the process of economic and social transformation.It is not only "for the governance of credit",but also "through the governance of credit".It effectively responds to the current social dishonesty emerging in endlessly governance problems and social development’s realistic demand for innovative social governance.The punishment for dishonesty is more and more popular because of its low cost of law enforcement,remarkable efficiency of supervision and flexible use.It plays such value functions as ensuring the effective implementation of administrative obligations,optimizing the mode of administrative supervision,and promoting the deepening of social credit system construction.However,dishonest punishment is a new type of administrative management,which inevitably has limitations.In addition,there are relatively few academic researches on the punishment of dishonesty,which is difficult to meet the needs of law enforcement practice.At the present stage,the punishment mechanism of dishonesty has been more and more widely affecting all fields of social life.This kind of administrative activity directly related to the choice of administrative acts and the relative rights should be paid enough attention in theory and practice.Therefore,it is of great significance to conduct a systematic and in-depth study of the punishment mechanism for dishonesty from the perspective of administrative law.Through the analysis of the norms and operation status of the punishment mechanism of dishonesty,we can see that there are still many problems in the punishment mechanism of dishonesty at present,including the imperfection of laws,the confusion of punishment standards,the imperfection of information sharing,the scope of application of punishment,the imperfection of punishment procedures,the falsification of afterwards supervision and relief mechanism,and so on.The reasons for the above problems include scattered legislation,low legal value,imperfect law enforcement and the complexity of the punishment mechanism of dishonesty.Undoubtedly,the existence of the above problems seriously restricts the value function of the punishment mechanism for dishonesty.In view of the operation status and existing problems of the punishment mechanism for dishonesty,based on the current situation of our country,the author puts forward some suggestions to improve the punishment mechanism of dishonesty from four aspects: legislation,applicable principles,procedures and supervision and relief.First of all,to improve the legislation of dishonesty punishment,we should introduce unified and specialized legal norms,improve the legal rank,clarify the standards of dishonesty punishment,clarify the sharing and openness of dishonesty information,and provide basis and guidance for the specific implementation of dishonesty punishment.Secondly,we should establish the basic principles of the punishment of dishonesty.The punishment of dishonesty should follow the principles of legality,proportionality and prohibition of improper connection,and be implemented within the framework of the rule of law.Thirdly,in order to improve the procedure of punishment for dishonesty,we should standardize the time limit setting of dishonesty information,perfect the prior notification procedure and set up the hearing procedure,so as to ensure that the implementation of punishment for dishonesty conforms to procedural justice while pursuing the effectiveness of punishment for dishonesty.Finally,in order to improve the supervision and relief of the punishment of dishonesty,we should clarify the mechanism of accountability,improve the mechanism of appeal against objection,improve the mechanism of credit repair,effectively standardize the punishment power of administrative subjects,and guarantee the legitimate rights of the subjects of dishonesty.