Research On The Joint Punishment System For Dishonesty From The Perspective Of Administrative Law

With the development of the economy and society,there are frequent incidents of lack of social credit.There is an urgent need for a system of punishment for dishonesty to maintain the order of social credit and promote the sound development of the economy and society.A joint punishment system for dishonesty has emerged at the historic moment and has become a powerful weapon against dishonesty.However,in recent years,joint punishment for dishonesty has continuously exposed the problem of excessive punishment and infringement of citizens' legitimate rights and interests.The proliferation of joint punishment for dishonesty has caused great concern in society and academia.As a result,the system of joint punishment for dishonesty has also been criticized and the legal problems behind it It is worth pondering and discussing.Although the joint punishment system for dishonesty is necessary at the moment,a series of problems arising from its practical operation also need to be reviewed and resolved.In view of this,this article intends to analyze the laws behind the administrative joint punishment system from the perspective of administrative law.It is hoped that the practical problems of joint punishment for dishonesty can be resolved as soon as possible and a higher-level legal credit system can be established.My country's legislative mechanism for joint punishment for dishonesty is not perfect,which is mainly reflected in the low level of applicable norms and the inconsistent standards of punishment.my country has not yet issued a unified credit legislation.The main basis for the various regulations,local regulations and normative documents formulated at this stage is the "On Establishing and Improving the System of Joint Incentives for Trustworthiness and Joint Punishment for Untrustworthy and Untrustworthy" issued by the State Council to accelerate the construction of social integrity."Guiding Opinions",lack of specific legal norms as its legal basis,especially when it involves disciplinary measures such as personal freedom,the formulation should have a clear legal basis,which has triggered the legitimacy of joint disciplinary action by society and academia.There are doubts.The legal nature of joint disciplinary action is also vague,and the theoretical circle is more controversial.Some scholars regard it as administrative punishment,some think it is administrative compulsion,and some scholars regard it as administrative factual behavior.It should be said that there are many types of joint disciplinary measures for dishonesty at present,and each disciplinary measure should be analyzed and classified into categories.For disciplinary measures such as strengthening management and not granting benefits,because they do not bring additional burdens to untrustworthy entities,their purpose is to monitor untrustworthy entities,and such measures are not suitable for administrative punishment.The blacklist measures for dishonesty and restrictions on qualifications have already constituted a substantial infringement on the rights and freedoms of dishonest subjects,and should be classified as administrative punishments.The improvement of the joint punishment system for dishonesty needs to be regulated from two perspectives.First of all,principled regulation.Joint disciplinary action for dishonesty should comply with the requirements of administration according to law,prohibition of improper connection,due process and the principle of proportionality,compliance with law priority and legal reservation,prohibit excessive infringement of the rights of the counterparty,and exercise of public power must be legitimate and reasonable.Second,the practice regulation of joint disciplinary action is required.Clarify the legal basis for the joint punishment system for dishonesty,promulgate corresponding laws and regulations,and formulate the basis for higher-level laws.Improve joint disciplinary procedures for dishonesty,strengthen notification procedures,and clarify relief procedures.The scope of application of joint sanctions for dishonesty should also be strictly limited,to clarify the subject of dishonesty information collection and the scope of inclusion of dishonesty information.Reasonably conduct credit evaluations on natural persons,ensure the integrity and relevance of credit information,and formulate legal procedures to ensure that the evaluation process complies with legal requirements.Establish and improve corresponding supporting measures,implement a good accountability mechanism,and better improve the joint punishment system for dishonesty.