基于行政处罚的失信惩戒法治化研究

Research on the Legalization of Punishment for Credit-breaking Based on Administrative Punishment

在我国社会信用体系建设中,失信惩戒是政府及其工作部门进行信用管理的重要方式。由于其具有一定的强制性和制裁性,从而对公民、法人和其他组织的信用监管发挥着重要作用。合法性是制度存在之基础与运行之保障。由于失信惩戒缺乏立法支撑、执法程序失范以及救济机制不通畅,其合法性受到质疑。就法律属性而言,失信惩戒属于行政处罚的范畴,我们应尽快将失信惩戒措施纳入《行政处罚法》的调整范围,健全失信惩戒的立法体系,加强失信惩戒程序的规范化建设,畅通相对人权利救济途径,确保失信惩戒建立在合法性基础之上。

In the construction of China’s social credit system,the punishment for breaking credit is an important way for the government and its working departments to carry out credit management.Because of its mandatory and sanctioned nature,it plays an important role in the credit supervision of citizens,legal persons and other organizations.Legitimacy is the basis of existence and operation of the institution.Owing to the lack of legislative support,the lack of standardization of law enforcement procedures and relief mechanism,its legitimacy has been questioned.As for the legal attributes,the punishment for breaking credit belongs to the scope of administrative punishment.The credit-breaking punishment measures should be included in the adjustment scope of the administrative punishment law to improve the legislative system of the credit-breaking punishment,to strengthen the standardized construction of the punishment procedure of breaking credit,and to unblock the relief way of the rights of the opposite party,hence ensuring that the punishment system of breaking credit is based on legality.