Study On The System Of Administrative Blacklist

After the introduction of the administrative blacklist system in China,administrative agencies have been widely used in many areas of social governance.Traditional administrative management methods have complicated system procedures,relatively high administrative costs,and the administrative blacklist with its strong deterrent,low cost and high yield features,helps our country’s social credit system construction,and realizes post-event supervision.In favor of the administrative organs,it has exerted obvious system advantages.However,in the context of building an honest society,the administrative blacklist,as a new type of supervision tool or credit tool for governance of the society,has revealed many deficiencies in the course of practice.The legal attribution and other issues have also caused great controversy.Therefore,this article determines the administrative blacklist system as the research object,from the perspective of administrative law,through the existing theory of administrative law and the defects in the use of the system,to find out the disputes in academic theory and practice,In this way,relevant suggestions for regulating the administrative blacklist are put forward.This article firstly sorted out the origin of the administrative blacklist system,clarified the past and present of the administrative blacklist system,and analyzed the reasons behind the introduction of the administrative blacklist system in China,which has been widely used and favored by administrative agencies;followed by research The basic theory of the administrative blacklist system,to interpret its system connotation.Theorists have put forward different opinions on the determination of its legal nature,but the doctrines of all parties are still unreasonable.At present,no matter which doctrine,it is impossible to make a comprehensive and accurate evaluation of the legal nature of the administrative blacklist.In practice,administrative blacklists play a variety of functions.From a functional perspective,administrative blacklists can be divided into punitive administrative blacklists,warning administrative blacklists,and legal administrative blacklists.Multiple legal attributes such as administrative guidance and administrative disclosure.Secondly,comb the defects in the use of the administrative blacklist system in combination with the theory of administrative law.The first is the lack of special legal provisions at the legislative level,the lower level of legislation,the ambiguity of the legal nature,and the inconsistency of inclusion of legal formulation issues.The second is that failure to set specific restrictions on disciplinary measures is easy to expand and the disciplinary measures are improperly linked.Issues such as insufficient procedural systems in practice should be regulated by standards;the third is that after the announcement of the administrative blacklist,the after-effect relief of the administrative counterpart has flaws such as an imperfect exit mechanism,difficulty in realizing reconsideration and litigation rights,and difficulties in protecting the legitimate rights and interests of the parties.Finally,it puts forward suggestions on perfecting the administrative blacklist system.The first is to set up special legislation at the legislative level,improve the level of legislation,clarify the nature of the law,and formulate inclusion criteria;second,regulate the scope of application of disciplinary measures,and need to have a causal link between disciplinary and disciplinary violations,and improve system operation procedures;and finally,there is post-relief protection,a perfect exit mechanism,and protection of reconsideration litigation rights.