Research On The Legal Regulation Of Administrative Punishment For Dishonesty

As the core content of the social credit system,the punishment mechanism for trust-breaking is an indispensable part of the credit society.The punishment mechanism for trust-breaking consists of market punishment,social punishment,judicial punishment,administrative punishment and other systems.Among them,the system of administrative punishment for trust-breaking plays an important role in cracking down on the trust-breaking behavior in the market field.At the same time,it always plays an important role in promoting the establishment of the credit market and fostering a social atmosphere of honesty and trustworthiness.In recent years,a large number of normative documents have been issued,and many new problems have emerged in the legal regulation of administrative punishment for trust-breaking.Under such background,it is of profound practical significance to study the legal regulation of administrative punishment system for trust-breaking.The research on the legal regulation of administrative punishment for trustbreaking should start from the basic content of administrative punishment for trustbreaking.Administrative punishment for trust-breaking refers to the behavior that administrative organs take to limit credit rights and interests and reduce credit interests of trust-breaking subjects according to the information and evidence they collect.The administrative punishment for trust-breaking has four characteristics: the subject administration,the administrative sanction,the behavior restraint and the social warning.In terms of the identification of legal nature,the administrative punishment for trust-breaking should be identified as administrative punishment from the perspective of the name elements,the purpose of setting,the object of punishment and the influence on the rights and obligations of the counterpart.The formation mechanism of administrative punishment for trust-breaking comes from the inevitable requirement of establishing a government ruled by law,the choice of building an honest society and correct the path of market anomie.Exposition of its formation mechanism can explain the necessary basis of establishing the administrative punishment system for breaking trust.To summarize the current regulation status of administrative punishment for trustbreaking.There are fifty documents covering multiple levels of effectiveness and multiple fields of application were selected as the main basis and data sources for system sorting.This paper sorts out the regulation status quo of administrative punishment for trust-breaking from five aspects: regulation form,application condition,punishment measures,procedure provisions and relief channels.At present,there are some problems in the legal regulation of administrative punishment for trust-breaking.First of all,the regulation is disorderly and unnecessary,which is mainly reflected in the three aspects of multiple regulatory subjects,the surge in the number of regulatory documents and the existence of illegal regulations.Secondly,the scope of punishment is generalized.On one hand,the focus of regulation has been expanded from commercial affairs to tax management and public services.On the other hand,the scope of applicable conditions is constantly expanding to include uncivilized behavior.Third,the disciplinary measures are constantly increasing.Daily management behavior of administrative organs,administrative interviews and other behaviors that do not belong to disciplinary measures are included in disciplinary measures.From now on,the procedure is rough and simple.There is a tendency to attach more importance to physical punishment than procedural guarantee,and there is a lack of sound procedural guarantee mechanism.Finally,the relief system is deficient.Some of the specification documents mention little about this,or only the principle of the provisions.In view of the above problems,combined with the development status of the development status of China's trust-breaking punishment mechanism.We can improve the regulation of administrative punishment for trust-breaking from three aspects.First,establishing the basic principles of the regulation of administrative punishment for trust-breaking.Taking the principle of punishment according to law as the core,solving the problem of illegal regulation.Based on the principle of prohibiting improper association,to ensure the application of disciplinary measures to promote the achievement of administrative objectives.We should take the principle of due process as the main line,improve the procedures and guarantee the basic rights of trust-breaking subjects.Secondly,draw lessons from the mature institutional experience of foreign countries to provide a direction for the future development of administrative punishment system for trust-breaking.Finally,the system of administrative punishment for trust-breaking should be perfected from many aspects.Including unified legislation set a special chapter in the social credit legislation to stipulate the contents of administrative punishment for trust-breaking.Narrowing the conditions for the application of administrative punishment for trust-breaking,taking the illegality and seriousness as the standard.The disciplinary measures are classified according to specific functions.At the same time,standardizing the legislative authority of the central and local governments.Improving the procedure system of administrative punishment for trust-breaking,standardize the dissenting mechanism and credit repair system.To improve the relief system,establish a diversified dispute resolution mechanism between litigation and non-litigation,so as to ensure the efficient operation of the trust-breaking punishment mechanism.