适用声誉罚的动态评价系统研究

Study on a Dynamic Evaluation System for the Application of Reputation Penalty

摘要: 声誉罚因适用成本较低、执法方法简单等优势，得到了行政机关的青睐。然看似十分完美的声誉罚，却在行政实践中暴露了诸多问题。与行政相对人其他权益相冲突、适用范围不明确、处罚效果过重是它主要的问题。为了有效防止对行政相对人的合法权益的侵害，应当以合理行政原则构建动态评价系统控制声誉罚的适用。

Abstract: Reputation penalty is favored by executive branch for their low cost of application and simple enforcement methods. However, the seemingly perfect reputation penalty has exposed many problems in the administrative practice. The main problems are the conflict with other rights and interests of the administrative counterpart, the unclear application range and the heavy effect of punishment. In order to effectually prevent the infringement of the legitimate rights and interests of the administrative counterpart, a dynamic evaluation system based on the principle of reasonable administration to control the application of reputation penalty should be established.