Research On Administrative Blacklist

In recent years,the administrative blacklist is favored by the administrative organs and widely used because of its strong credit regulation function including wide application range,low cost and high efficiency,it does greatly improves the efficiency of administrative management,At the same time,under the background of social credit system construction,administrative blacklist also plays an important role in improving social honesty and credit level.However,there is a tendency of generalization and abuse in current practice,especially the criticism that "in the name of credit disciplinary measures,administrative punishment is implemented",which has caused confusion and controversy,Therefore,under the background of the amendment of the administrative penalty law,there are still some issues worthy of further discussion,such as the legal attribute of the administrative blacklist and its subtle relationship with the administrative penalty,how to reasonably associate the credit disciplinary measures with different degrees of dishonesty,how to get effective relief when the rights are illegally infringed,and whether it is actionable,Based on the analysis of the scope and boundary of dishonesty,violation of law,breach of contract and immorality,this paper starts with the legal nature of administrative blacklist,In view of the fact that the administrative blacklist is not a single act but a collection of acts in different stages,it extracts the core acts from the administrative blacklist according to different stages,that is,the act of listing,the act of publishing and the act of credit punishment,This paper analyzes the legal attributes of each act,and straightens out the internal relationship between administrative blacklist and administrative punishment,At the same time,combined with the cases and disputes in practice,the legal basis is insufficient,such as the low level of legislation,the generalization of setting subject,and the disorder of law enforcement procedures,such as the wide scope of application,the excessive disciplinary measures,the lack of notification and relief procedures,It is proposed to limit the level of legislation and set the main body,unify the introduction of special social credit legislation,reasonably define the scope of application of administrative blacklist,strictly limit the relevance between credit disciplinary measures and dishonesty,and combine with the principle of due process,it is proposed to add notification and objection review,disciplinary observation period before publication,error correction and credit repair,catalogue and list filing review,and post evaluation In order to put forward some effective ideas and suggestions for the regulation and improvement of the administrative blacklist under the framework of administrative law.