国内个人声誉机制的规范研究——以信誉和声誉的区别为切入点

Research on the Norm of Individual Reputation Mechanism in China—— Taking the Distinction between Credibility and Reputation as a Cutting Point

声誉机制对自然人的管理范畴包含且广于信誉机制。笼统地将公民违反公德的行为认定为失信并执行失信惩罚,不仅偏离了信誉机制主要规范经济活动的特性,也忽略了声誉机制维护公共秩序的功能。通过研究声誉和信誉的区别,明晰我国多部委对个人违反社会秩序行为实施的"联合惩戒"系对自然人的"声誉惩罚",而非失信惩罚。研究如何构建完善我国的个人声誉机制,将自然人实施的影响医疗秩序、扰乱公共秩序等,并不影响个人信誉却违反社会公德的行为纳入声誉惩罚体系,既能实现对公共秩序的有效管理,又能缓解我国当前的部分社会问题。

The reputation mechanism for natural person’s management category includes and is broader than the credibility mechanism. Generally identifying the behavior of citizens violating public morality as breach of trust and the punishment of breach of trust being executed, is not only deviated from the main characteristics of the credit mechanism to regulate economic activities, but also ignores the function of the credit mechanism to maintain public order. By studying the difference between reputation and credibility, it is clear that the"joint punishment" imposed by multiple ministries and commissions on individuals violating social order is the"reputation punishment"of natural persons, rather than the punishment of breaking trust. It is necessary to focus on the personal reputation incentive, personal behavior punishment, and personal reputation restoration to build and improve personal reputation evaluation and punishment system in China, so as to achieve the effectiveness of social order management.