作为行政法上一项不可或缺的制度,失信联合惩戒制度具有广泛性和制裁性的特点,能够通过多样的惩戒措施来更好地规范失信行为。失信联合惩戒制度不仅能够更好地规范营商环境,也能够在公法领域更好地保护弱势群体的利益,虽然失信联合惩戒...作为行政法上一项不可或缺的制度,失信联合惩戒制度具有广泛性和制裁性的特点,能够通过多样的惩戒措施来更好地规范失信行为。失信联合惩戒制度不仅能够更好地规范营商环境,也能够在公法领域更好地保护弱势群体的利益,虽然失信联合惩戒制度取得了长足发展,但其惩罚手段给相对人保护合法权益造成了一定困难。因此,本文基于有权利必有救济的理论,着重探讨了如何能够更好地规范失信联合惩戒制度中相对人合法权利的救济手段。通过对相对人的定义进行规范,肯定了其具有的行政性特征,以及对目前相对人救济现状的探讨,从列入阶段与惩戒两阶段入手,揭示了目前失信联合惩戒制度中相对人救济存在着告知程序不明确、事中申辩程序不清晰、听证程序不健全等问题,并提出了如何能够更好地完善的建议,以期能更好地保护相对人的权利。As an indispensable system in administrative law, the joint punishment system for dishonesty is characterized by its broad application and punitive nature, enabling better regulation of dishonest behavior through a variety of punitive measures. This system not only helps to improve the business environment, but also better protects the interests of vulnerable groups in the public law domain. Although the joint punishment system for dishonesty has made significant progress, its punitive measures have posed certain challenges to the protection of the legitimate rights and interests of the individuals involved. Therefore, based on the theory that where there is a right, there is a remedy, this paper focuses on how to better regulate the remedies available for the protection of the legitimate rights of those affected by the joint punishment system for dishonesty. By defining the affected individuals and affirming their administrative characteristics, as well as exploring the current state of remedies available to them, starting from the inclusion stage and the disciplinary phase, the paper reveals existing issues in the joint punishment system for dishonesty, such as unclear notification procedures, ambiguous procedures for defense during the process, and inadequate hearing procedures. The paper also offers suggestions on how to improve these areas to better protect the rights of the affected individuals.展开更多
文摘作为行政法上一项不可或缺的制度,失信联合惩戒制度具有广泛性和制裁性的特点,能够通过多样的惩戒措施来更好地规范失信行为。失信联合惩戒制度不仅能够更好地规范营商环境,也能够在公法领域更好地保护弱势群体的利益,虽然失信联合惩戒制度取得了长足发展,但其惩罚手段给相对人保护合法权益造成了一定困难。因此,本文基于有权利必有救济的理论,着重探讨了如何能够更好地规范失信联合惩戒制度中相对人合法权利的救济手段。通过对相对人的定义进行规范,肯定了其具有的行政性特征,以及对目前相对人救济现状的探讨,从列入阶段与惩戒两阶段入手,揭示了目前失信联合惩戒制度中相对人救济存在着告知程序不明确、事中申辩程序不清晰、听证程序不健全等问题,并提出了如何能够更好地完善的建议,以期能更好地保护相对人的权利。As an indispensable system in administrative law, the joint punishment system for dishonesty is characterized by its broad application and punitive nature, enabling better regulation of dishonest behavior through a variety of punitive measures. This system not only helps to improve the business environment, but also better protects the interests of vulnerable groups in the public law domain. Although the joint punishment system for dishonesty has made significant progress, its punitive measures have posed certain challenges to the protection of the legitimate rights and interests of the individuals involved. Therefore, based on the theory that where there is a right, there is a remedy, this paper focuses on how to better regulate the remedies available for the protection of the legitimate rights of those affected by the joint punishment system for dishonesty. By defining the affected individuals and affirming their administrative characteristics, as well as exploring the current state of remedies available to them, starting from the inclusion stage and the disciplinary phase, the paper reveals existing issues in the joint punishment system for dishonesty, such as unclear notification procedures, ambiguous procedures for defense during the process, and inadequate hearing procedures. The paper also offers suggestions on how to improve these areas to better protect the rights of the affected individuals.
