A Study On The Legal Regulation Of Administrative “Blacklist”

The legal system of administrative blacklist is widely adopted by administrative organs at all levels in China due to its strong efficiency on administration.As a sub-system subordinate to the social credit system,it is applied in almost all administrative areas.While generating huge administrative benefits,this system has also been criticized for its insufficient legal basis,fuzzy power limitation,lack of procedural standards,and inhibitions of the legal redress.Modern administrative jurisprudence takes the limitation of public authority and the protection of citizens' rights as its basic value.How to effectively regulate the administrative blacklist has become an important issue.The discussion of this paper on this issue is processed gradually.Firstly,based on the independent status,this paper redefines the concept of this system,for clarifying its connotation,basic logic and problems.Secondly,it is necessary to summarize the current theory about the administrative regulation system of blacklist,further analyzing the advantages as well as disadvantages of each doctrine.Thirdly,on the basis of above two points,this paper reorganizes the process of blacklist system and try to find out a more reasonable and feasible legal scheme through administrative process theory.With the application of administrative process theory analysis tools and research paradigms,the system of administrative blacklist is a kind of complicated administrative process consisted of the following sections,including quasi-setting,information collection,system establishment,application,quit and rights remedy.Compared with the legal regulation scheme under the traditional administrative jurisprudence theory,the administrative blacklist system from the perspective of process theory has advantages in the overall inspection of the administrative process,the implementation of substantive rule of law,the response to dynamic changes in legal relations,and the strengthening of procedural regulations.But it also cannot address all the existing problems.The solution of conflicts between reality and theory can be considered from improving relevant legislation and judicial remedy.