Research On The Legal Issues Of The Joint Punishment System For Dishonesty

The construction of social credit system is an important guarantee to promote the orderly development of China's economy and society,prevent economic risks and improve the efficiency of government management.The joint punishment system for dishonesty is an innovation of this mechanism.However,with the expansion of the application of the joint punishment system for dishonesty,some problems in its operation also follow.This paper intends to analyze the current academic literature on the dishonest joint punishment system,from the perspective of the Constitution and administrative law,based on the current legislative situation,and through the analysis of typical cases,strive to explore the path of the compliance of punishment measures by combing and analyzing the current problems of the dishonest joint punishment system.The paper is mainly divided into three parts: introduction,body and conclusion.The following summarizes the main contents of the main body of the paper:The first part is an overview of the joint punishment system for dishonesty.The author summarizes and analyzes the definitions of "dishonesty" and "dishonesty punishment" from the normative documents,defines "dishonesty" combined with the academic point of view,and summarizes and classifies the dishonesty punishment measures.Finally,it summarizes the meaning of the joint punishment system for dishonesty and summarizes the characteristics of the system.The second part is the jurisprudential analysis of the joint punishment system for dishonesty.Combing the provisions of the legislative and disciplinary departments of the civil law,in the analysis of the disciplinary system of the local civil law.Combined with the views of scholars,this paper summarizes the different theories of the nature of the dishonest joint punishment system.Based on the full evaluation of different students,the author puts forward the view of defining the nature of the dishonest joint punishment according to the Actionability.The third part analyzes the existing problems of the joint punishment system for dishonesty.The author analyzes the problem of joint punishment system for dishonesty from three aspects: the setting and application of punishment measures and the relief of the rights of dishonest subjects.At the setting level,starting from the disciplinary subject and measures,this paper analyzes the lack of regulation of disciplinary setting authority;At the application level,the dishonesty evaluation system has defects,which violates the principle of improper connection;At the level of right relief,the relief way of the dishonest subject is not smooth enough,and there is no relief when some rights are violated.The fourth part is the suggestions to improve the joint punishment system for dishonesty.In view of the problems existing in the joint punishment of dishonesty,the setting of the punishment of dishonesty should,on the basis of following the principle of the rule of law,clarify the subject of punishment,optimize the allocation of the right to set punishment,and legislate and regulate the setting of punishment measures;Secondly,we should pay attention to hierarchical punishment,adhere to the principle of prohibiting improper connection,and clarify the boundary of right restriction;Finally,in the right relief,we should unblock the relief channels and improve the credit repair mechanism.