限制从业作为行政处罚的法治演进

Restrictions on the Evolution of the Rule of Law as an Administrative Punishment

2021年新修订的《行政处罚法》在行政处罚种类中增加了“限制从业”的处罚方式,但对其研究涉及很少。近来频繁发生的失德艺人遭到行业协会封杀的事件,引发了社会的强烈关注和讨论,限制从业作为社会治理、行业规范的一种方法,尤为值得思考。限制从业古已有之,曾在各种法律规范中广泛分布并在实践中应用,最终作为行政处罚的方式纳入进新的《行政处罚法》。限制从业作为一种行政处罚方式,历经从特殊性到一般性、从任意性到规范性、从零碎性到整体性、从泛道德化到法治化、从模糊化到精确化,从而形成了相对完善的制度演进,为进一步适用限制从业奠定了基础。

The newly revised Administrative Punishment Law in 2021 adds the punishment method of “restricting employment” to the types of administrative penalties, but it involves little research. Recently, the frequent incidents of unscrupulous artists being banned by industry associations have aroused strong concern and discussion in society, and it is particularly worth thinking about restricting the practice of employment as a method of social governance and industry norms. Restricting the practice of the profession has been widely distributed in various legal norms and applied in practice, and has finally been incorporated into the new Administrative Punishment Law as a means of administrative punishment. As a method of administrative punishment, restriction of employment has gone through a relatively perfect institutional evolution from particularity to generality, from arbitrariness to standardization, from fragmentation to integrity, from pan-moralization to legalization, from vagueness to precision, thus forming a relatively perfect in-stitutional evolution and laying a foundation for the further application of restrictions on employment.