信用奖惩机制规制研究:运用前提与基本遵循

Research on the Regulation of Credit Reward and Punishment Mechanism: Application Prerequisites and Basic Compliance

信用奖惩机制的运用是社会信用法治建设的重点内容,但不可否认的是,当前我国信用奖惩机制的有效性与合法性之间尚存有一定的张力,这严重影响着社会信用法治化的进程。为防止信用奖惩机制的泛化与滥用,有必要首先厘清信用奖惩机制纳入法律文本的前提条件,即该法律规制领域与社会信用应具有密切关联性;而现有惩戒/激励手段又不足以保证法律有效实施;纳入信用奖惩机制确有助于提升社会信用水平。此外,还需严格遵循法律优先原则、法律明确性原则、不当联结禁止原则及比例原则等公法原则,确保信用奖惩机制不至于偏离法治轨道。

The application of credit reward and punishment mechanism is the key content of the construction of social credit law. However, it is undeniable that there still exists a certain tension between the effectiveness and legitimacy of the credit reward and punishment mechanism in our country, which seriously affects the process of legalization of social credit. In order to prevent the generalization and abuse of the credit reward and punishment mechanism, it is necessary to clarify the prerequisites for the credit reward and punishment mechanism to be incorporated into the legal text. That is, the legal regulation field should be closely related to social credit;and the existing punishment/incentive methods are not enough to guarantee the effective enforcement of the law;the inclusion of the credit reward and punishment mechanism is really helpful to improve the level of social credit. In addition, it is also necessary to strictly follow the principles of public law such as the principle of priority of law, the principle of legal clarity, the principle of prohibition of improper connection, and the principle of proportionality to ensure that the credit reward and punishment mechanism does not deviate from the track of the rule of law.