信用联合奖惩合作备忘录:运作逻辑、法律性质与法治化进路

Cooperative Memorandums of Joint Credit Rewards and Sanctions:About the Operating Logic,Legal Nature and Legal Regulation

信用联合奖惩合作备忘录是联合决策、信息共享与协作管理的表现形式,在重述既有法律规范所明定的信用奖惩措施的同时,还细化甚至创设了新的奖惩措施。备忘录是由不存在隶属关系的签署主体之间达成的行政合意,属于对等性公法契约,其对外并不具备当然的法律效力。由于联合奖惩指涉权利与义务,备忘录的合法性与合理性颇受质疑。在依法改革的基调下应当处理好备忘录与立法的关系,完善备忘录的签署与审查规则,提升备忘录的规范化与法治化水平,在此基础上关注社会信用体系建设的法治化进路,推动联合奖惩合法合理地发挥制度功效。

Signing cooperative memorandums of joint credit rewards and sanctions is the manifestation of joint decision-making,information sharing and collaborative management.While restating the credit reward and sanction measures prescribed by the existing legal norms,the memorandums also refine or even create new creditreward and sanction measures.Since memorandums area dministrative agreements reached by the signatories without affiliation,they should be defined as public law contracts of equivalence,which have no legal effect on the outside.Because joint credit rewards and sanctions refer to rights and obligations,the legitimacy and rationality of the memorandums are questioned frequently.As a result,it is necessary to handle the relationship between signing memorandums and legislation under the key note of“reform according to law”,improve the rules for signing and reviewing memorandums,and enhance the standardization and legalization of memorandums.Then on this basis,we should pay attention to the construction of social credit system under the rule of law,and promote the institutional effectiveness of joint credit rewards and sanctions legally and properly.