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A Study Of The Behavior Of The Administractive Blacklist

Posted on:2019-07-24Degree:MasterType:Thesis
Country:ChinaCandidate:S J CaiFull Text:PDF
GTID:2416330548451676Subject:Constitution and Administrative Law
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The word "credit" was first used in "zuo zhuan","its people can credit their people",and credit means trust.Development up to now,with the changing of economic model,from the most primitive barter to the object after the currency trading now credit transactions,credit plays a major role in the whole market economy,can say today's market economy may also directly bring a statement for the credit economy,the management of credit is an important task of the organs of the governments.Administrative blacklist is based on the disciplinary system of social credit system construction in our country to establish a new type of administrative behavior,because of its efficient convenience favored by the majority of administrative organs,and the administrative organ for the traditional "command obedience" management improvement,the concept of joint construction of service-oriented government.Administrative blacklist are widely used in all walks of life,and even has the tendency of generalization,life events triggered by this system has also sparked more discussion on the study of administrative blacklist also increased,but the administrative blacklist fundamental properties that are unable to agree,this is not conducive to the institutional development of administrative blacklist.Therefore,this article embarks from the blacklist origin,through to our country the structure of the relevant laws and regulations,combined with relevant scholars to discuss the nature of administrative blacklist,attempt to that administrative behavior nature of the blacklist.This paper consists of introduction,text and conclusion.The main body consists of four parts.The first part is an overview of the administrative blacklist.Discusses the blacklist of foreign origin and development,combing the development process of our country's administrative blacklist legislation,the development history of the blacklist,and combining the basic theory of administrative blacklist and management effectiveness,necessity and legitimacy in the blacklist.The second part is the arrangement of the theories of the nature of the administrative blacklist.Through the public warning,said the government information publicity,the sorting of the administrative punishment said,draw lessons from German public warnings and the identification of nature of American FDA blacklist analysis,understanding the nature of administrative blacklist scholars point of view.The third part is based on the second part of reflection on the existing theories.To administrative blacklist concluded that compared with various theories of nature,and by comparing the research believes the blacklist is not public warning,not the government information public,but is the nature of the administrative punishment,and to a certain extent,and the public warning collocated,the government information disclosure as an act of management means,the nature of the blacklist not single to be identified with a particular behavior nature.The fourth part is the conclusion of the article.In combination with the previous research,this paper argues that it is necessary to conduct typological research on the nature of administrative blacklist behavior.With characteristics as generic classification of the fundamental things,the existing administrative blacklist is divided into punitive administrative blacklist,warning administrative blacklist,executing administrative blacklist,respectively make determined by analyzing the behavior nature,think that punitive administrative blacklist has the nature of administrative penalties,warning has the nature of administrative guidance,administrative blacklist and perform administrative blacklist has the nature of the administrative enforcement,and the respectively applicable to go on.
Keywords/Search Tags:Administrative blacklist, behavior nature, public warning, administrative punishment, enforcement
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