Research On Legal Issues Of Administrative Blacklist Syste

Administrative blacklist system is an alternative means for administrative organs after the reform of administrative examination and approval system.It is used for the supervision during and after the event,which brings significant results in the practical application and improves the construction of China’s social credit system.However,in the theoretical field,scholars cannot unify the concept of administrative blacklist system,and there are great differences in the qualitative nature of administrative blacklist,so the practice of administrative blacklist system falls into trouble.In combination with the results of theoretical research and on the basis of the existing legal norms,administrative blacklist system can be defined as: the administrative organs within the scope of serious violation of laws and regulations or serious relative to inform,included,review,release,remove behavior,to correct its wrong behavior,let it accept social supervision,the implementation of credit constraints,with administrative joint punishment legal system.Second,in the theoretical study of administrative blacklist system,some scholars believe that administrative blacklist only has a single legal nature,some scholars to publish behavior as the core to administrative blacklist as administrative guidance,administrative information disclosure,etc.,and scholars think that administrative blacklist has multiple legal nature,using type,administrative process theory or standard structure that its legal nature.Combined with the legal norms and judicial practice of administrative blacklist system,this paper believes that the legal nature of administrative blacklist is a multistage administrative act centered on administrative punishment and administrative coercion.Although the nature of the administrative blacklist has been determined in theory,as a multi-stage administrative act,the administrative organs will certainly use the administrative blacklist according to its own needs in the process of specific application,which means that the nature of the administrative blacklist in the practice process will change based on the different preferences of the administrative organs.It is precisely because of the uncertainty of the legal nature of the administrative blacklist in practice that the practice of the system will inevitably fall into a certain predicament,mainly manifested in in-advance control,execution and relief after the event.The difficulties of pre-control are: lack of special legislation,excessive setting subjects and imbalance of the scope of punishment.The difficulties in the implementation of the standards,the publicity procedures are not unified,the removal is vague.The difficulties of post-relief are: lack of objection appeal mechanism,difficult to realize judicial relief channels and imperfect credit repair mechanism.In view of these difficulties,the following aspects:first,standardize the prior control basis,limit the setting subject and standardize the scope of punishment;secondly,improve the implementation method,namely unified standard,complete publicity procedure and clear removal method;finally,clarify the relief method,namely,establish objection appeal mechanism,smooth judicial relief method and perfect credit repair mechanism.