Research On The Limits Of Administrative Joint Punishment For Illegal And Untrustworthy Acts

Administrative joint disciplinary action plays an important role in the governance of social credit.However,the generalization of untrustworthy behaviors and abuse of disciplinary measures damage the legitimate rights and interests of administrative counterparts,which are also very prominent.The main problems in the practice of administrative joint disciplinary action for untrustworthy behaviors are: in legislation,there are problems such as generalization of disciplinary basis and pan-moralization of credit legislation;in law enforcement,there is a lack of unified discretionary standards,insufficient fine management,and administrative problems.Insufficient compliance with the basic principles of the law,etc.;judicially,there are problems of inefficient judicial remedy channels and ineffective judicial review.The corresponding response measures can be carried out from three aspects:First,clarify the connotation and extension of untrustworthy behavior,adjust the "non-exhaustive list + comprehensive clauses" approach adopted by the existing regulations to an abstract classification guidance model,and combine the purpose of credit governance to abstract the identification of untrustworthy behavior with reference significance Standards,under the guidance of standards such as illegality,seriousness,and subjective intent,to carry out the identification of untrustworthy conduct;second,from the two dimensions of legal rules and legal principles,the legality of administrative joint punishment of untrustworthy conduct is controlled.At the legislative level,credit legislation should focus on the convergence with higher-level laws such as the Legislative Law and the Administrative Punishment Law;at the law enforcement level,it should combine the relevant provisions of the Administrative Punishment Law with the basic principles of the administrative law to further clarify the exercise of the power of administrative joint punishment Third,improve the judicial relief mechanism for administrative joint punishment of untrustworthy acts.On the one hand,the various stages of administrative joint disciplinary action are comprehensively reviewed,and the behaviors at each stage of administrative joint disciplinary action for untrustworthy conduct are defined as litigable administrative treatment.On the other hand,it clarifies the judicial review mechanism for administrative joint punishment of untrustworthy conduct,through the independent review of the authenticity of the credit information,whether the credit information evaluation behavior complies with legal procedures,and the legitimacy of the purpose of the credit information evaluation,to ensure the administrative joint The normative exercise of disciplinary powers.