失信联合惩戒司法救济的困境与完善

The Dilemma and Perfection of Judicial Relief of Joint Punishment for Dishonesty

失信联合惩戒是充分运用信用激励和约束手段加快推进社会诚信建设的关键制度。我国目前的失信联合惩戒制度存在失信行为认定泛道德化、处罚力度较危害结果过大、惩戒范围不正当联结、信用名单程序不规范等问题,这使得失信联合惩戒的司法救济途径畅通更具必要性与紧迫性。相较于传统行政行为的司法救济,失信联合惩戒的多主体性、行为多段性、信息公开共享性、惩戒措施多样性导致其在司法救济上呈现出被告难以确认、合法性难以实质审理等司法救济困难。本文通过分析失信联合惩戒的法律特征,研究失信联合惩戒构成行为的司法救济难题及成因,确定失信联合惩戒的单行为的可诉性及其实施主体的行政诉讼原告资格司法救济,完善规范性文件的附带性审查机制,实现失信人权利的整体实质性。

Joint punishment for dishonesty is the key system to accelerate the construction of social credit by making full use of credit incentives and constraints.At present in our country,there are some problems in the joint disciplinary system of discredit,such as the identification of moral behavior,the punishment is too great,the scope of punishment is not proper connection,the credit list pro-cedure is not standard,which makes it more necessary and urgent to smooth the judicial relief way of joint disciplinary system of discredit.Compared with the traditional judicial relief of ad-ministrative acts,the multi-subjectivity,multi-stage behavior,information sharing,and diversity of disciplinary measures of joint punishment for dishonesty lead to the difficulty of judicial relief,such as the difficulty of the defendant to confirm and the difficulty of the legitimacy to essentially hear.By analyzing the legal characteristics of joint punishment for dishonesty,this paper studies the judicial relief problems and causes of the acts constituted by joint punishment for dishonesty,determines the litigability of a single act of joint punishment for dishonesty and the judicial relief of the administrative litigation plaintiff qualification of the implementor,and improves the inci-dental review mechanism of normative documents to realize the overall substantive rights of dis-honest persons.