Administrative Law Control Of Joint Punishment For Dishonesty

Credit is the most basic trading rule under the commodity economic system and the core connotation of the economic order required by the market economy.Credit is the guarantee of economic transactions and one of the most important foundations for the operation of a market economy.In the current stranger society,due to the existence of information asymmetry,opportunistic behavior is widespread,and the lack of social integrity is serious.In the long run,it will inevitably lead to market disorder and even economic collapse.Under this social development trend,the punishment effect of traditional social governance methods has been declining.The private credit growth system of private growth is still underdeveloped.Economic breaches such as contract defaults,debt arrears,commercial fraud,and counterfeiting are increasing.I have been exploring how to solve the problem of "difficult implementation".In order to effectively respond to the increasingly complex social governance tasks in social management,coupled with the development of Internet,big data and other technologies,and the continuous strengthening of centralized and unified management within the government system,the government can not only obtain citizens' information more quickly and efficiently.The degree of integration within the system is constantly improving,so the joint disciplinary system for dishonesty emerges as the times require.In 2007,the state issued a top-level opinion on the construction of the social credit system,namely,"Several Opinions on the Construction of the Social Credit System",in which the formal use of the joint disciplinary system for dishonesty as an important means of building the social credit system.Since then,joint disciplinary memoranda in various fields have emerged endlessly,and various localities have also issued corresponding joint disciplinary implementation plans or opinions,taking the joint disciplinary measures of dishonesty as an important way of social governance in this field,and also actively exploring methods and scope of disciplinary.A credit management system led by government departments and featuring joint disciplinary measures against dishonesty began to be gradually established.This system is mainly based on the current era of the information society.Using the reputation mechanism,the current stranger society can still achieve the effect of "acquaintance society" through the dissemination of information,reduce information asymmetry,and limit the space for opportunistic behavior.At the same time,the joint disciplinary measures against dishonesty have extended the scope of government control and increased the original penalties.However,in the absence of the current legal regulations on joint disciplinary measures against dishonesty,the basic rights of market entities are vulnerable to infringement from public powers of the state.At present,there are problems of abuse of joint disciplinary measures,incomplete implementation procedures of punishment,and lack of relief mechanisms for punishment.Therefore,it is of significance to explore the control of administrative law.The core problem of this article is how to grasp the degree of the new type of social governance in the use of joint disciplinary measures against dishonesty in order to achieve a balance between social governance and rights protection.The first chapter of this article is divided into two parts.The first part gives a comprehensive overview of the problems currently in practice in the system of joint disciplinary punishment for dishonesty.The second part is to demonstrate the necessity of the joint punishment of dishonesty by administrative law.The next three chapters mainly discuss in depth the problems in the aforementioned joint disciplinary measures against dishonesty and put forward corresponding suggestions.The second chapter mainly analyzes the problems of joint disciplinary measures against dishonesty and proposes corresponding countermeasures.The author sorts the measures of joint disciplinary measures against trust by reading and sorting out the relevant laws and regulations on joint disciplinary measures against breach of trust,and analyzes the current situation by searching some news reports The specific problems in the abuse of the joint disciplinary measures against dishonesty,and then put forward corresponding countermeasures.The third chapter mainly focuses on the problem of disciplinary procedures.The author first read the relevant legal normative documents and sorted them out,and then found through reading relevant cases and news reports in practice that there is currently no special procedural rule for joint disciplinary actions against breach of trust Public authority also has a problem of non-compliance with the existing procedural norms.The author proposes corresponding countermeasures against these problems.The fourth chapter is to address the lack of relief mechanisms for joint disciplinary actions against dishonesty.The author found through reading relevant laws and regulations and cases that the "Compensation Law of the State" could not fully meet the relief needs of joint disciplinary actions against dishonesty.Compensation.And the current credit repair mechanism is not perfect,and many normative documents have more general provisions on credit repair,which is not conducive to protecting the basic rights of administrative counterparts.In response to these problems,the author puts forward corresponding countermeasures.