Definition And Optimization Of Trust-breaking Behavior In The Joint Punishment For Dishonesty

With the construction and development of the social credit system,the joint punishment mechanism for trust-breaking gradually began to play its unique role in the work of national social governance.At present,the definition of trust-breaking behaviors is vague in the current legislation on punishment for trust-breaking,and it has always been controversial in the academic circle.The discussion of this problem is intended to provide some theoretical reference for the formulation of a unified social credit law.In practical application,due to the lack of high-level legal and administrative regulations,different local standards,and the lack of unified guidance on the definition of trust-breaking behaviors in joint punishment,it is easy to lead to the lack of restrictions in the setting,the overstepping of authority in the implementation,and the generalization of application scope,which makes it difficult to play the real effect of the mechanism.So it needs to sort out the logic of the definition of trust-breaking behaviors,so as to play the role of joint punishment for trust-breaking system in our judicial system.This paper intends to analyze the definition of trust-breaking behavior in joint punishment by means of system analysis,comparative analysis and literature analysis.This paper mainly draws on the existing research experience of the academic circle in defining the classification standard,collects relevant legislative system and legislative materials through the Peking University’s Law database and local government websites,and takes dozens of local laws on punishment for trust-breaking as the benchmark samples creatively.This paper tries to clarify the basic logical thinking of the definition of trust-breaking in joint punishment——different application fields should be identified differently,the identification of illegality under the unity of legal order,the identification of seriousness under the subjective and objective vision,and the association under the unity of standards.This paper summarizes the prior practice in legislative materials and puts forward the existing problems and optimization path of defining trust-breaking behavior in different fields.In the elaboration of the corresponding views,using the example of our local legislation to corroborate.On this basis,the improvement of the framework and details of the system,for a directional definition of trust-breaking behavior,make the legal system of trust-breaking punishment better.