Research On Legal Regulation Of Punitive Administrative Blacklist

In recent years,the "administrative blacklist" system has been widely used in China’s administrative supervision and management,and the supervision effect is good.As the most common form of "administrative blacklist","punitive administrative blacklist" aims to disclose and expose the illegal and dishonest records of enterprises or individuals through proper means,and punish them through corresponding rights restrictions.However,the definition of its legal nature has not reached a consensus in the academic circle,and there are mainly differences between "administrative penalty theory" and "administrative process theory".In the specific implementation process,there are also many legal relief problems,such as the lack of procedural norms,whether to be included in the scope of administrative litigation for different judgments,and the lack of national compensation.Through the analysis of the two theories of the legal nature of the "punitive administrative blacklist",this paper tries to draw the conclusion that the negative information disclosure of the "punitive administrative blacklist" belongs to the "reputation penalty" of the administrative penalty,while the relevant restrictive measures belong to the administrative penalty and the administrative measures.And by the national 2018,2019 and the "administrative blacklist",summarized the related administrative cases and review analysis,find out the existing punitive administrative "blacklist" of legal relief,and then put forward by creating new types of administrative penalties,be included in the administrative punishment system to realize the legislative relief,and through strict told program and exit mechanism to perfect relief,finally by "punitive administrative blacklist" included in the current administrative reconsideration and administrative litigation system to realize the judicial relief.