Research On The Administrative Blacklist Syste

Under the double promotion of deepening the construction of social credit system and the reform and transformation of administrative organs’ supervision methods,the administrative blacklist,with its low cost and high efficiency system advantages,has gradually replaced the traditional prior supervision mode,and is favored by administrative organs.However,as a new tool of social governance,the problems exposed in the running process of administrative blacklist can not be ignored.As for the legal nature of the administrative blacklist,the academic circle has not formed a unified understanding at present.The main viewpoints include the theory of administrative punishment,the theory of administrative compulsion,the theory of typology and the theory of administrative process.The lack of legal basis,law enforcement procedures are not standardized,the supporting mechanism is not perfect,the relief channel blocked and other practical problems need to be solved.The newly revised Law on Administrative Punishment has clarified the definition of administrative punishment and provided a new way to study the legal nature of administrative blacklist.Based on this,this paper will put the blacklist system in the real situation to discuss again,on the basis of clarifying the legal nature of the system and put forward measures to improve the system,through filling the legal basis,standardizing the execution procedure,improving the supporting measures,dredge the relief channel,in order to make the administrative blacklist system run on the road of legalization.