失信联合惩戒及其形式合法性问题研究——以30份失信联合惩戒合作备忘录为研究样本

失信联合惩戒具有明显的行政性、行业性、社会性、市场性。失信联合惩戒合作备忘录的法律性质主要被界定为规范性文件或内部行政协定，但这两种界定都是不准确的；失信联合惩戒合作备忘录的法律性质应为广义上的行政协定，同时，其也是我国实施失信联合惩戒这一行政协助的重要表现形式。失信联合惩戒在形式合法性领域中存在两个问题，即联合惩戒的形式没有得到法律的承认，以及失信联合惩戒合作备忘录并不具有授权的功能。为解决这两个问题，需加强社会信用立法，以法定的形式确认联合惩戒；同时，加强法律授权制度建设，确保惩戒措施有法可依。

On Joint Punishment for Dishonesty and Its Formal Legality: Taking 30 Cooperative Memoranda on Joint Punishment for Breach of Trust as Samples

Joint punishment for dishonesty has obvious administrative, industrial, social and market characteristics. The legal nature of the cooperative memorandum of joint punishment for dishonesty is mainly defined as a normative document or internal administrative agreement, but both definitions are inaccurate; the legal nature of the memorandum of joint punishment for dishonesty should be an administrative agreement in a broad sense. At the same time, it is also an important manifestation of administrative assistance in the implementation of joint punishment for dishonesty in China. There are two problems in the field of formal legitimacy of joint punishment for dishonesty, namely, the form of joint punishment has not been recognized by the law, and the cooperative memorandum of joint punishment for dishonesty does not have an authorized function. In order to solve these two problems, it is necessary to strengthen social credit legislation and confirm the measures of joint punishment for dishonesty in a statutory form; at the same time, we should also strengthen the construction of legal authorization systems to ensure that pulishment measures are based on law.