失信联合惩戒措施的合法性检讨与控制

失信联合惩戒措施作为一种新型的复合行政行为,在社会治理的各个领域得到广泛运用,但其有效性与合法性之间存在张力,可能会不当限制公民的人格尊严、隐私权、平等权、财产权等基本权利,所以需要进行合法性控制。通过运用依法行政、职权法定、禁止不当联结、比例原则、平等原则以及生存照顾义务等公法原理加以检讨,可以发现失信联合惩戒措施在...

On the Legality Review and Control of Joint Punishment of Dishonesty Measures

As a new type of compound administrative act,joint punishment of dishonesty measures are widely used in all areas of social governance,but there is a tension between their effectiveness and legitimacy,and they may limit citizens basic rights such as personal dignity,privacy,equality,property rights,etc,so legality control is needed.Based on the review of the principle of public law,such as administration by law,legal functions and powers,prohibition of improper connection,proportionality principle,the principle of equality and survival care obligation,it can be found that there is a lack of legitimacy in joint punishment of dishonesty measures in both form and substance.In order to prevent the generalization and abuse of the joint punishment of dishonesty measures,and to ensure its institutional development that it conforms to the construction direction of the rule of law,it is necessary to put it on the track of rule of law from three aspects:legislative setting,implementation procedure,and rights relief.