Legal Inspection And Correction Path Of Credit Punishment

The construction of our social credit system has entered the stage of comprehensive promotion and rapid development.As the core mechanism of social credit system construction,credit punishment rapidly expands to many administrative fields under the top-down deployment and promotion,becoming an important universal governance tool and a hot topic of the whole society.The prominent problems of social integrity,the demand for innovative governance tools in the transformation of social governance mechanism,and the strong technical foundation provided by the information age constitute the background of the formation of credit punishment system.As the core mechanism of social credit system construction,the operation of credit punishment mechanism contains the game between the cost and the benefit of breaking trust.Although this system has released strong governance efficiency,there is a tendency to deviate from the track of rule of law and the generalization of punishment in practice,which is mainly manifested as: The identification standard of trust-breaking behavior is different,the evaluation mechanism of trust-breaking information is dissimilated,the conditions for the disclosure of trust-breaking information are unclear,the improper connection of disciplinary measures and the joint punishment constitute repeated evaluation.The root causes of the generalization of credit punishment system are mainly the dissimilation of functional positioning,the reckless construction of credit system and the lack of unified legal supply.It is necessary to correct the credit punishment system from the perspective of the rule of law.The path of the rule of law correction includes: promoting the unified legislation of credit punishment,strengthening the top-level design of the system,and standardizing the local legislative practice;Clear the function orientation of credit punishment;Make clear the identification standard of trust-breaking behavior to avoid the unrestrained expansion of system practice;The credit evaluation should respect the credit information right of the market.Gradually establish the "public interest" standard for releasing trust-breaking information;Guarantee the substantive rationality of joint punishment and so on.