Research On The Legal Regulation Of Administrative Blacklis

As a new type of administrative supervision,the administrative blacklist system has become a distinctive and widely used credit regulation tool in recent years.The essence of administrative blacklists is the administrative behavior of administrative entities to record bad information against administrative counterparts who violate relevant laws and regulations.These records of bad information are either disclosed to the public in a certain way,or disciplinary measures are implemented,or only used for internal filing.Objectively,they have played a role in promoting the construction of social credit systems,punishing illegal and dishonest behaviors,and improving the effectiveness of national governance.Through a review of the text expression and implementation status of the administrative blacklist system,it is found that the legal norms of the system are characterized by "a large number but low rank","a wide range but not unified",and there are risks of generalization and abuse in practical operation.At the same time,there are also problems such as lack of legal basis,prominent procedural issues,and insufficient rights protection.The fundamental reason is the unclear understanding of the legal nature of the administrative blacklist.The traditional theory of administrative behavior forms cannot fully and dynamically investigate the nature of the administrative blacklist.Combining the basic theory of administrative blacklist system and surrounding the core phased process of blacklist,it is found that the use of administrative process theory can more comprehensively summarize its nature.The administrative blacklist under the paradigm of administrative process theory includes the collection and evaluation of credit information,public behavior,disciplinary behavior,and credit repair behavior.Collections are generally an internal administrative act,unless external effects are generated through administrative agreements;The evaluation behavior conforms to the constitutive requirements of the specific administrative behavior;According to the different objects of publicity,public behavior can be classified as administrative guidance and administrative punishment;Disciplinary actions need to be identified based on the specific form of disciplinary measures,which are generally an administrative penalty.The legal regulation of administrative blacklists should be aimed at its phased structure,involving three aspects: the improvement of pre rules,the control of in-process procedures,and the relief and supervision after the event.In the improvement of prior rules,the legal basis should be clarified by actively promoting social credit legislation,and the applicable standards and principles should be determined at the substantive level;In the control of the process,it is necessary to strengthen the reasoning and openness of the evaluation of dishonesty,and establish procedures for ex ante defense,in-process hearing,and withdrawal;In terms of result control,it is necessary to clarify the actionability of core behaviors in the entire process of administrative blacklist,smooth relief channels,and strengthen institutional supervision through the filing and review,ultimately achieving the entire process control of the administrative blacklist.