| The administrative punishment system for dishonesty is a key link in our country’s credit system.Compared with the judicial dishonesty punishment system and the social dishonesty punishment system,it has its unique advantages.In the legal relationship of the disciplinary system,the administrative counterpart enjoys a number of rights,among which there are more serious problems in the three categories of procedural,remedial and repair rights.Protecting the rights of administrative counterparts is of great significance not only in theory,but also in practice.At the legal level,the formulation of the punishment system for untrustworthiness is still out of time,so local regulations and government regulations account for the overwhelming majority of legislation.In the actual operation of the system,there have also been problems such as practice transcending legal regulations,and imbalances in punishments and penalties for untrustworthiness.For this reason,it is necessary to improve the system of punishment for administrative dishonesty to protect the rights of the counterparty.First of all,the first chapter of this article describes the theory of administrative dishonesty punishment system.Through an overview of the administrative dishonesty punishment system,the concept,characteristics and types of punishment measures are explained.Later,through the legal relationship to punish administrative dishonesty in the system,it tells which rights the counterparty enjoys.Then explain the theoretical and practical significance of the protection of the rights of relatives.Secondly,the second chapter of this article describes the current situation and existing problems of the rights protection of the counterparty in the punishment of administrative dishonesty.First,it explains the status quo of the current administrative law of punishment for dishonesty in our country,which is divided into two types:central legislation and local legislation.Later,it explains the actual operation status of administrative dishonesty punishment in my country,and the current situation has emerged that the practice exceeds the legal provisions,the counterparty is unbalanced in punishment for dishonesty and some of the rights enjoyed are not guaranteed.Among the rights of the counterparty,there are big problems in the three categories of procedural,remedial and restorative rights.In terms of procedural rights,there are problems such as the counterparty being punished for dishonesty without knowing it,and the exercise of the right of defense is blocked;in terms of relief rights,when the counterparty is wrongly disciplined,it does not affect the implementation of punishment,and it is difficult to restore credit damage through administrative litigation.In terms of restorative rights,there are problems such as that the counterparty has not corrected the untrustworthy behavior in a timely manner,and the untrustworthy repair is not sufficient.After that,the third chapter of this article describes the development of the administrative dishonesty punishment system and the improvement of the counterpart’s rights protection system.Starting from the problems in the protection of the rights of relatives in Chapter 2,and correspondingly.In the protection of procedural rights,improve the notification procedures to ensure the counterparty’s right to know,and improve the hearing procedures to ensure the counterpart’s right of defense;in the protection of relief rights,improve the disciplinary suspension mechanism to protect the counterpart’s rights and improve preventive administrative litigation Guarantee the credit of the counterparty;in the protection of restorative rights,improve the mechanism for restoring untrustworthiness to withdraw from punishment in a timely manner,and improve the methods for restoring untrustworthiness to completely restore credit. |
