Applicable Conditions Of Administrative Joint Punishment For Dishonesty

As China’s social credit problem is becoming more and more serious,the State Council has issued several joint punishment documents to regulate the social credit order.However,due to the unclear application conditions of joint punishment,the abuse in practice is serious,especially the joint punishment for dishonesty implemented by administrative organs.Therefore,from the perspective of administrative dishonesty punishment,this paper puts forward the improvement of applicable conditions to regulate its healthy and good operation.Based on the perspective of administrative law,this paper pursues the original intention of system design,clarifies the concept of dishonesty,compares with relevant systems,clarifies the concept of dishonesty administrative joint punishment,analyzes the significance of the establishment of applicable conditions and explains its theoretical connotation.Through the comparison and normative analysis of the relevant provisions of different regions and departments in practice,this paper finds out the problems existing in the applicable conditions in the legislative practice,analyzes the reasons,and explores the improvement of the applicable conditions.In the construction of the perfect framework of the application conditions of dishonesty administrative joint punishment,we can start from three aspects: the scope of application,the standard of application and the procedure of application.First,to determine the scope of application of the administrative joint punishment of dishonesty and to determine the characteristics of the behavior to be punished,we should punish the behavior that is harmful to society and related to credit.The punishment of criminal dishonesty should also be related to credit.Due to the lack of judicial relief,we should exclude the punishment of the behavior of dishonesty in letters and visits.Secondly,to standardize the applicable standards of the joint administrative punishment for dishonesty,due to the different anti risk ability of natural persons and organizations,we should make a distinction between them.Due to the severe characteristics of the administrative joint punishment for dishonesty,we should punish the serious dishonesty,and the subject of punishment should also be subjective intention.When implementing the joint punishment measures for dishonesty,we should take the basic administrative act as the premise,adopt the credit information list system and clearly announce the standard.Thirdly,to unify the applicable procedures of administrative joint punishment for dishonesty,the party concerned should be informed of the relevant contents before collecting the information of the other party,being listed in the punishment list for dishonesty,and taking the punishment measures,so as to protect the right to know;while collecting public credit information,being listed in the punishment list for dishonesty,the party concerned should be informed of the right to state and defend,so as to protect the right of objection,The right of hearing shall also be provided before taking disciplinary measures that have a significant impact on the rights of the opposite party.