失信联合惩戒规范化问题研究

随着失信联合惩戒在更大范围和更广领域的推广,个别地方在实践中出现了过罚不相当、惩戒措施泛化、黑名单管理失当等现象,需要引起高度关注。鉴于我国目前实施的部分行政性信用联合惩戒措施已属于行政处罚范围,应纳入法治规范。借鉴国外失信联合惩戒的主要做法,建议从以下三方面完善我国的失信联合惩戒机制:一是加快公共信用联合惩戒立法;二是实行联合惩戒目录清单制管理,使联合惩戒措施显性化、公开化、可预期;三是加快建立市场信用联合惩戒机制,形成市场信用联合惩戒机制和公共信用联合惩戒机制互通互动、协调发展的联合惩戒新格局。

Research on the Standardization of Joint Dishonesty Disciplinary Actions

With the promotion of joint dishonesty disciplinary actions on a larger scale and in broader fields,phenomena such as incommensurate punishment,overly broad punitive measures,and improper management of blacklists,etc.occur in some places,which necessitates close attention.Some joint disciplinary actions on credit in the administrative manner currently implemented in China should be incorporated in the rule of law in that these actions have already been categorized as administrative punishment.By drawing lessons from the main practices of the joint dishonesty disciplinary actions abroad,it is recommended that we should improve China’s joint dishonesty disciplinary mechanism in three aspects:first,we should accelerate the legislation on joint disciplinary mechanism related to public credit;second,we should conduct the category list management of the joint disciplinary measures,making them explicit,open,and expected;third,we should speed up the establishment of joint disciplinary mechanism related to market credit and strive to create a new kind of joint disciplinary scenario which integrates and coordinates the two types of disciplinary mechanisms.