| As a new tool of government governance,the administrative blacklist system has been favored by administrative organs at all levels since the establishment of the system.It plays an important role in punishing trust-breaking behaviors and maintaining market order.It can be said that the administrative blacklist system continuously pushes the construction of the social credit system deeper and benefits both the present and the long term.Admittedly,the function and advantages of the administrative blacklist system are beyond doubt.However,we should also see that due to the slow progress of relevant legislation and the excessive superstition of the administrative organs on the blacklist,the abuse and generalization of the administrative blacklist system have resulted in the confusion of frequently being on the blacklist,leading to frequent infringement of the legitimate rights and interests of the counterparts.Therefore,in view of the insufficient protection of the relative rights in reality,this paper takes the protection of the relative rights in the administrative blacklist system as the research object to explore how to strengthen the protection of the trust-breaking actor’s rights.In addition to the introduction and conclusion,the full text is divided into four chapters,the specific content is as follows:The first chapter mainly studies the basic theory of the right protection of the counterpart in the administrative blacklist system.First of all,from the concept of the administrative blacklist system,characteristics and differences with other administrative behaviors,to clarify the connotation of the administrative blacklist system.Secondly,from the two aspects of substantive rights and procedural rights,it defines the rights that the counterpart needs to protect.Finally,the theoretical basis of the protection of relative rights is studied to lay a foundation for the follow-up research.The second chapter,starting from the legislative status quo,implementation status quo and judicial relief status quo,finds out the problems existing in the protection of relative rights in the administrative blacklist system,including: the inclusion standard is not uniform,the behavior of publicity is not standard,the lack of procedural rights protection and the relief channel is not smooth.The third chapter analyzes the causes of the insufficient protection of the rights of the relative and discusses the necessity of the protection of the rights of the relative.The reasons of insufficient protection are: the creation of legal basis is irregular,the lack of corresponding responsibility constraints and the lack of supervision procedures.The necessity of protection is mainly: the objective need of solving practical problems,the inevitable requirement of the development of administrative blacklist system and the concrete embodiment of the constitution and laws.The fourth chapter mainly aims at the problems identified above,and puts forward some improvement suggestions from the three perspectives of legislative regulation,procedural protection and relief channels.The specific measures include:establishing unified inclusion standards,standardizing public behavior,strengthening procedural protection and unblocking relief channels. |
