失信联合惩戒中的名誉权保护研究

Research on the Protection of the Right of Honor in the Joint Punishment of Dishonesty

失信联合惩戒以名誉为介质,通过令失信者名誉降格的手段,在短时间内催逼失信者修复因违法、违约而被破坏的信用状况。目前,我国失信联合惩戒缺少高位阶法律规制且制度设计不完善,加之联合惩戒有“社会联动”特性,一旦被错误实施会对被惩戒者的名誉产生极大的不利影响,产生诉讼风险与合法性危机。在法治政府建设中,通过健全惩戒立法、完善配套制度的方式可以帮助解决在惩戒实践中出现的惩戒主体权责不明、对象行为范围过大、救济程序缺失而导致的名誉侵权问题,促进我国治理能力与治理体系的现代化。

The joint punishment of dishonesty,with reputation as the medium,can often urge the dishonest to repair the damaged credit status due to violation of law and breach of contract in a short time by means of degrading the reputation of the dishonest.Under the background of market economy,the protection of reputation right and property interest is very important for every social subject.However,the current problem lies in the lack of highlevel legal regulation and imperfect system design of China's joint punishment for dishonesty.In addition,joint punishment has the characteristics of"social linkage".Once wrongly implemented,it will have a great adverse impact on the reputation of the punished,resulting in litigation risk and legal crisis.In the construction of the government under the rule of law,by improving the punishment legislation and the supporting system,we can relatively solve the problems of reputation infringement caused by the unclear rights and responsibilities of the punishment subject,the excessive scope of the object behavior and the lack of the relief procedure in the punishment practice,and promote the modernization of the governance ability and the governance system in China.