A Study on the Typological Regulation of the Dishonesty Punishment – also on the Rule Design of the Social Credit Law

The punishment of dishonesty is an important content of the credit rule of law, writes Wang Wei in the book “Social Credit Rating“. “The punishment of dishonesty is not a precise legal concept,” he says, “so we must use legal technology to analyze and define it.”

In the market punishment, industrial punishment, social punishment, administrative punishment, judicial punishment and other punishment mechanisms, the punishment by the public power is the focus of the credit rule of law, he points out: “Administrative disciplinary measures are not all power-limited measures. In essence, the administrative blacklist measure of power restriction belongs to administrative punishment, but it does not violate the principle of “one punishment for one violation”. In the future, when legislating the social credit law, we should typologically regulate dishonesty punishment and focus on the administrative punishment regulating the constitutive elements, punishment measures and procedures, credit restoration mechanism and other issues.”

Wang Wei, male, PH.D, professor, director of Civil, Commercial & Economic Law Division attached to Politics and Law Department of Central Party School of CPC (Chinese Academy of Governance) (Beijing 100091). He graduated from Law School of Renmin University of China, mainly engaged in the research of social credit law. company law, market regulation law. In recent years, he focuses on the research of social credit law and involved in the projects from National Development and Reform Commission, State Administration for Market Regulation, and so on. He has participated in drafting a number of expert proposals on social credit legislation. Still. he acted as civil and commercial judge in Kunming Intermediate People’s Court of Yunnan Province for a couple of years. This paper was originally published in Zhongzhou academic journal, issue 5, 2019, and reprinted in issue 8 of constitutional law and administrative law in Periodical Literatures by Renmin University of China.

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