| To break the law is to break faith.A trust-breaking,restricted everywhere,along with the decision of administrative punishment,the illegal behavior of the administrative penalty information into the range of trust-breaking information and credit supervision vision,the corresponding administrative penalty information after public punishment punishment for trust-breaking,so the trust-breaking constraint system.And the essence of administrative punishment credit repair,is to correct the illegal,the performance of punishment and other credit improvement behavior as a prerequisite for credit repair application,repair implementation conditions for administrative punishment trust-breaking information to take in accordance with the application,conditional "stop public",so that the punishment of trust-breaking lost implementation basis,to achieve the purpose of letting the trust-breaking punishment from the punishment of trust-breaking.This thesis aims to discuss the influence of administrative penalty on credit and the punishment mechanism of administrative penalty on credit,and then elaborate the necessity of administrative penalty credit repair,summarize the predicament of relevant legislation and practice,and explore the improvement path of administrative penalty credit repair mechanism.Administrative penalty credit repair refers to that the administrative counterpart who is subject to administrative punishment for trust-breaking behavior,under the premise of meeting the scope and conditions of repair,applies to the credit repair authority for stopping the publicity of his trust-breaking credit information in advance,so as to exempt him from punishment for trust-breaking.As a reasonable punishment withdrawal mechanism,it can optimize punishment for trust-breaking,enrich incentives for trust-breaking and improve the social credit system.Our administrative punishment credit repair mechanism is mainly established with normative documents,and the legislative rank is not high,so it cannot fully play the role of repair mechanism.At present,the conditions of administrative penalty credit repair are different,and the implementation methods of administrative penalty credit repair tend to be single.The authority of the credit repair subject is not unified,the publicity degree of the credit repair result is lack,and the development of the repair objection procedure is not sufficient;The supervision of repair mechanism is absent seriously.For the above problems,it is necessary to improve the legislative system and coordination,and pay attention to the unified setting of credit repair in relevant specific fields;The conditions of restoration are refined by distinguishing the illegal degree of administrative punishment and the subjective fault of the untrustworthy subject.Conduct substantive review to correct dishonest acts and eliminate adverse effects;Improve the format and content requirements of credit commitment and the correlation of behavior to promote the review of additional conditions of credit repair;The way of information restoration should also be dealt with according to the nature and field of dishonesty.Clarify the various responsibilities of credit repair agencies,and fully protect the objection right of dishonest subjects from the procedure;Administrative organs should pay more attention to the level of supervision,through reporting,assessment and change;Through the construction of tracking feedback mechanism and the use of data to strengthen the credit monitoring of the subject of credit repair;Finally,social supervision should also be realized through information publicity,credit service agencies and the legitimacy of third-party institutions. |
