行政法治视野下的守信激励:检视与完善

Trustworthy Incentives from the Perspective of Administrative Rule of Law:Inspection and Improvement

行政主体为实现特定行政目的而归集、评价、使用信用信息,将合乎要求的守信主体列入红名单予以公布,并分级实施具体激励措施,可谓之守信激励。完整的守信激励过程呈现多阶段特征,可具体包括归集评价公共信用信息、确认守信主体、实施具体激励措施、退出红名单等四个阶段。实践中守信主体认定标准不一、激励措施的运用违反不当联结禁止原则等现象背离了守信激励设立初衷,宜完善守信激励总体制度设计,并明晰信用信息归集、评价范围,明确红名单管理标准,优化具体激励措施实施方案。这是社会信用体系健康有序运行的应有之义,也是新时代法治政府建设的必要之为。

In order to achieve specific administrative purposes, the administrative subject collects, evaluates and uses credit information, lists qualified trustworthy subjects in the red list for publication, and implements specific incentive measures at different levels, which can be described as trustworthy incentive. Such theories as good governance theory, self-regulation theory and so on provide the theoretical basis for the operation of trustworthy incentive, so that it can be carried out and obtain the legitimacy. The complete incentive process of keeping faith shows the dynamic characteristics of multiple stages, which can specifically include four stages: collecting and evaluating credit information, confirming the subject of keeping faith, implementing specific incentive measures, and withdrawing from the red list. Therefore, it is advisable to analyze its legal nature by using the methodology of administrative process theory. In view of the chaos of incentive in practice, it is necessary for the healthy and orderly operation of the credit system to accelerate the perfection of the incentive standard system and the corresponding supporting system, and it is also necessary action for the construction of the government under the rule of law in the new stage.