Research On Legitimacy Of Integrity Discipline Under The Perspective Of Public Interest

The construction of credit system is an important strategy under the rule of law.As a guarantee and basic measure to strengthen it,the integrity discipline mechanism for trustworthiness-breaking must meet the basic requirements of legality in the process of pursuing effectiveness of administrative measures involved.This thesis is to find out a legitimate basis for authority power to intervene in trustworthiness-breaking behaviors which have evident moral attributes,and to prove the external legitimacy for its punishment as a means of social governance and administrative management,through exploring the essence of credit and the value of the credit system.Having more moral attributes in China,"credit",which I’d rather call it "integrity",determines the important aspect of morality of its construction.The close connection between law and morality lays the foundation of enforcement of regulatory means to strengthen the moral construction.Holistic level of social credit,as a special value of the "soft environment",is a kind of public interests.Punishment of dishonest behaviors is a measure to restrict the personal rights under the premise of safeguarding public interests.By probing into the current practices of punishment on trustworthiness-breaking and investigating the details of subject,procedure and doctrine of proportion in the process of enactment and application of relevant laws and regulations,this thesis analyzes and finds out the problems of legality in implementation,and puts forward countermeasures to adjust,improve and enhance the legality of punishment against trustworthiness-breaking in three levels: First of all,focus on the control of the implementation of current regulations,emphasizing that the limit of individual rights for public interest should follow the principle of proportion and consider the correlation of restrictions and behavior nature,prohibiting citizens’ constitutional rights from improper harm;Second,with a view to supplement of scientific and appropriate norms,legislators should manage to ensure that the legal basis and responsibilities of the subjects are clear,rigorous and reasonable.At the third level,we will discuss the non-governmental ways to enhance the credit system construction in respect of social governance,ensuring that the basic rights of citizens are protected while achieving the goal of punishment.Thus,the healthy and balanced development of credit system construction goes smoothly.