Research On The Legal Restriction System Of Punishment For Dishonesty In My Country

With the advancement of the construction of the social credit system,the punishment system for dishonesty has become a new regulatory tool for governance in all areas of society.It takes credit as the core and joint punishment as a means.It has the advantages of high efficiency and convenience.The situation of "restricted everywhere" has taken shape initially,but there are many hidden dangers behind it.This makes the public and academic circles worry about whether the "credit file" will become a "moral record" and whether the punishment system for dishonesty will unrestrictedly remove any "Behaviors" are included in joint punishment for dishonesty.First,the study of the punishment restriction system for dishonesty needs to clarify the basic concept of the punishment system for dishonesty.Starting from the concept of "credit","credit" refers to "keeping promises,fulfilling contracts in practice" and "repaying money on time and fulfilling debts in time".And "breaking promise" means "breaking promises" and "slack in fulfilling debts." The development of the social credit system has broadened the concept of "credit"."Credit" and "distrust" already exist not only in the economic field,but also in the social,judicial and other fields.According to China's first comprehensive local law on the social credit system The Shanghai Municipal Social Credit Regulations defines “social credit” as an example.“Social credit refers to the state in which natural persons,legal persons and unincorporated organizations with full civil capacity comply with legal obligations or perform agreed obligations in social and economic activities.” In this definition,it can be seen that "social credit" combines the attributes of market economy and social management.Subsequently,through the concepts of "credit" and "distrust",the concept,methods,types and attributes of "distrust of dishonesty" are derived,which lays the foundation for the following discussion.Secondly,starting from the practice of the system of punishment for dishonesty,first sort out the normative basis of punishment for dishonesty,list out the representative legal normative documents that mention "credit" and "distrust" in various levels,and then study the current comprehensive analysis of the seven provinces and cities.Contrast the differences in the content of the Sexual Credit Regulations.This difference reflects the various problems that have arisen in the practice of the system,such as the unclear definition of the concept of "credit",the mixing of illegal and untrustworthy,and the generalization of punishment.These problems determine the necessity of restriction and the need for power restriction.It is also an inevitable requirement for the protection of the rights and interests of credit subjects.Finally,through the improvement of the punishment system for dishonesty to try to solve the above-mentioned system practice problems,this improvement is mainly based on "restrictions" as the starting point,and the macroscopic restrictions are mainly to legislate to improve its legal basis,scope of application,and procedural settings.And establish the basic principles of legitimacy,rationality,humility,and the principle of responsibility.There are six micro-restrictions: one is the subject of punishment for dishonesty.The determination of what kind of behavior is dishonesty should be strictly based on laws,regulations,or policy documents of the Party Central Committee and the State Council,and a catalog system is implemented;the second is punishment for dishonesty.Content restrictions,the determination of dishonesty punishment should meet the requirements of statutory,relevance,and special privacy information exclusion,and the applicable conditions of disciplinary measures should meet the requirements of seriousness,deliberateness,and minor dishonesty behaviors.The third is the restriction on the target of dishonesty punishment.,Including strictly limiting the scope of severely dishonest subjects,considering the subject's ability to assume responsibility and subjective aspects,focusing on punishing dishonest subjects who have the ability to perform but have no willingness to perform;the fourth is the method of punishment for dishonesty,which must be made in the punishment of dishonesty and the protection of personality Reasonably weigh and avoid excessive publicity in methods and methods;sixth,the time limit for punishment for dishonesty,the time limit for investigation,punishment and withdrawal should be equivalent to the severity of the punishment for dishonesty;the seventh is the restriction on the restoration of punishment for dishonesty,that is,the improvement of credit restoration The specific provisions of repair methods and procedures and the inclusion of “good faith and trustworthiness” in the applicable conditions of the credit repair system should avoid equating fulfilled obligations with credit repair and replacing “punishment” with “repair”.