Research On The Legal Regulation Of Administrative Punishment For Dishonesty

Administrative punishment for trust-breaking is a key link in the construction of social credit system,which can play a certain role in improving administrative management efficiency and preventing administrative counterparts from breaking the law and breaking the contract.Because the system started late in China,the development time is not long,although it has achieved certain effects in operation,but also exposed the problem of generalization,we should strengthen the legal regulation of this system.The author thinks that the main problems existing in the legal regulation of administrative punishment for trust-breaking at the present stage are that the academic circles in China have different understandings of the nature of administrative punishment for trust-breaking in theory.The legislation of administrative punishment for trust-breaking has the problems of low rank and disunity.The applicable field of administrative punishment for trust-breaking is too wide and there is generalization;The procedure regulation strength is insufficient,the credit repair is insufficient and the relief channel is not smooth.Faced with the above problems,the author tries to provide solutions,including placing the operation of administrative punishment for trust-breaking under the regulation of the principle of proportionality and the prohibition of improper relevance,clarifying the nature of administrative punishment for trust-breaking,formulating special legislation,establishing the applicable standards for administrative punishment for trust-breaking,and improving procedural regulations.