Research On The Standardization Of Administrative Punishment For Dishonesty

The widespread crisis of trust in modern society shows that the traditional extensive supervision model based on punishment has been difficult to apply,and the public is increasingly dissatisfied with the effect of government supervision.The reconstruction of social credit system is the realistic need to cope with the rapid social changes.The trust-breaking problem,which should be solved by the elimination function of market and society,has aggravated the social trust crisis because of the break of traditional trust mechanism,the fragility of market mechanism and the decline of the role of conventional governance means.With the advent of the information age of big data,the administrative power has the ability to integrate all kinds of information acquired during the exercise of functions and powers into a social platform and transmit credit risk information to the society,which has alleviated the trust crisis caused by information asymmetry to a certain extent.As a concrete application of credit information,administrative punishment for trust-breaking has become the primary weapon of credit supervision by administrative organs due to its advantages of low law enforcement cost and significant supervision benefit.Since the establishment of the administrative punishment system for trust-breaking in China,the level of credit in the social field has been significantly improved,the administrative efficiency has been significantly improved,and the effect of social credit governance is obvious.However,the negative effect of administrative punishment for trust-breaking in practice leads to the legitimacy of the system being questioned by public opinion.To this,the author embarks from the structure of the basic theory of administrative law and social reality,through the analysis of specific disciplinary measures with multiple administrative action attribute,and connecting with the system in the process of implementation of the lack of legal basis,disciplinary measures abuse and the problem of insufficient credit protection of the rights and interests of the main body,pertinence put forward to build the legislation standard system with the method of hard and soft method,the different nature of the use of disciplinary measures should conform to the requirements of the basic administrative norms,restricting the relevant authorities for disciplinary measures the enormous discretion,moderately narrow system applicable range and so on,It also proposes to introduce preventive administrative litigation system and provide all-round protection for the rights of credit subjects through the refinement of credit repair operation process,so that it can give full play to the system advantages on the road of standardization.