Research On The System Of Administrative Blacklist

Since the blacklist system entered our country,it was widespread used in all kinds of industry.It was ever regarded as the internal documents of subject of administration and judged frequently whether it can be approved for certain body while it was regarded as the important tools by service government when they were being handled and after they have been handled in all kinds of management of social life.The reason why it can be regarded as subject of administration and important supervision into the social management was that it had deterrent power of traditional method and it can get the highest interests with lowest cost.Meanwhile,it contributed to forming of good credit and was the basic organization of social credit system;in addition,admin blacklist system enriched our theory about administrative action in our country which accumulated the precious experiences of practice for the subject of the administrative law.Just because of it,subject of the administrative was in favor of the admin blacklists.Our main content of admin blacklists had close relationship with social credit system,including the list of admin blacklist,publishing and supervision system,the archiving establishment of social credit system in our country,platform construction of information output and maintenance of information interact system.However,it was controversial of the nature about law to the admin blacklist system in our country,which scholars had different views about it.Some thought it could be categorized on the basis of function,which made the lists separate into four categories,such as punishment,alarming,warning and internal records of each for nature.Some thought that compared with other admin action,the list was a comprehensive action and others thought that it had nature of punishment.At the meantime,the more obvious problem it had on the system,the more problem it had that lack of substantive law and procedural law lead to.The lack of substantive law mainly manifested:it was too low for the level of legislation and little legislation law on the admin blacklist;unclear authority to the main authority of admin and easy to occur the phenomena on fighting for power and wealth.There was no boundary of power and being easy to bring about the rent-seeking space to make result to the corruption;There was no specific criteria for blacklist and lower criteria that was easy to be dumb for the social public while it also cannot be in favor of developing the function of blacklist if criteria was too high.How to choose was the key to solute the problem.lt was not clear to publish the range and lead to infringing on the legitimate rights and interests of the relative with publishing the subject of administration;And lack of incentive regulation could not be guided to correct mistakes with relative person and obey obligation.At the same time,it was lack of unity and regulation of authority platform.There was also shortcoming in procedure:the lack of public hearing system would be possibly infringe on the rights to know the information.The lack of supervision procedure would make easily abuse public power.The lack of exiting procedure not only violated the original intention of blacklist but also waste the admin resources.The lack of judicial procedure would easily make relative person huge loss to lower the public credit.The ambiguity in law nature and drawback in legislation lead to the difficulty and disorder of main subject of administration.Then,how to solve these problem had become the key problem of admin blacklist system and relative research.lt need to be paid attention in legislation:pay more attention the professional and high-level legislation,to strictly limit the admin blacklist,need to set specific regulation and to defend power of rent-seeking space.Publicizing the range needs to be in accordance with admin regulation and safeguarding the procedure of human rights for relative person.Meanwhile,it needed to be paid attention to the characteristic of information age,facilitate joint supervision and introducing social force to achieve the goal of governance.