Research On The Disciplinary System Of Administrative Dishonesty

With the revision of the "administrative punishment law" in China,as a punishment system that impairs rights and interests,the punishment system of administrative dishonesty can be clearly defined as administrative punishment,which further promotes the construction of administrative rule of law in China.However,even if the existing "administrative punishment law" has been amended accordingly,there are still some legal problems in the administrative dishonesty punishment system.Therefore,this paper takes the administrative dishonesty punishment system as the research object,which is of great significance to correct the existing administrative dishonesty punishment legislation in violation of the legal principle of administrative punishment,further improve the procedural provisions of the administrative dishonesty punishment system,and promote the revision of the administrative relief law in order to achieve the matching with the administrative punishment law.The main body of this paper is divided into four parts.The first part is the basic theory of the administrative dishonesty punishment system.In this chapter,the author mainly uses the text analysis method and theoretical research method to classify and determine the administrative dishonesty punishment measures according to the academic classification of the types of administrative punishment;The second part of the article is the legislative status and implementation status of the administrative dishonesty punishment system.Through text analysis and empirical analysis,the author summarizes the legislative status and implementation status of the administrative dishonesty punishment system on the one hand,and points out the problems existing in the legislative status and implementation status of the administrative dishonesty punishment system on the other hand;The third part of the article is about the problems existing in the administrative dishonesty punishment system.Through the text analysis and theoretical analysis,the author concludes that there are four problems in the administrative dishonesty punishment system,namely,the illegal creation of punishment measures,the generalization of punishment measures,the defects of procedural provisions,and the incompatibility between administrative relief law and administrative dishonesty punishment;The fourth part of the article is the specific suggestions to solve the problem of administrative dishonesty punishment system.In this chapter,the author puts forward the corresponding suggestions one by one according to the above problems,The author thinks that it should be solved by revising the local government rules and regulations of illegal creation of disciplinary measures and revising or abolishing the normative documents of illegal creation of disciplinary measures;Secondly,as for the generalization of the application of disciplinary measures,the author thinks that on the one hand,we can not take the behavior of non administrative punishment which has nothing to do with credit as the object of the implementation of disciplinary measures,on the other hand,we can not take the "illegal and dishonest behavior" which belongs to the summary procedure punishment as the object of the implementation of disciplinary measures;Thirdly,as for the defects of procedural provisions,the author thinks that when the notification procedure and service procedure are set according to the requirements of administrative procedure in the administrative penalty law,the applicable conditions of credit repair procedure should be unified;Finally,the author thinks that the administrative relief law should be amended to expand the scope of administrative reconsideration and administrative compensation.