A Study On The "Blacklist" System From The Perspective Of Administrative Law

The good faith, is the foundation of market economy, also is the enterprise of living. However, with the reform and opening Into, and the development of market economy, regulators lost in the market regulation make many enterprises in the pursuit of profit Lost in the process of this principle, regardless of the illegal and irregular, which can lead to chaos in the market order and the public Profit loss. Throughout 2011, the enterprise credibility and lead to product quality problems caused by the incident have not Poor: dyeing steamed bread events, plasticizer, Johnson &johnson \ "door\" of cancer, leonardo Da Vinci \ "door\" and so on society Hot issues not hurt the nerve of the public. Under this background, the blacklist system as a management market Spirit problem an effective regulatory tools brought to the attention of the administrative organs, the practice of the use of the \ "blacklist\" has a tendency to increase even generalization, the cases in the judicial practice has also sparked controversy. Current laws, regulations, rules and there is no direct provision about "blacklist", but referring to various laws and regulations, this article first domestic related laws and regulations of the "black list", typed into consumer warning the specification of the origin, the perspective of risk warning the specification of the origin, function administrative "blacklist" legal norms typed three parts; Secondly analyzes the legitimacy foundation of the "blacklist" behavior, that is, from from the perspective of law and international practice the justification of the system of "black list", from the perspective of legal economics, the rationality of the "blacklist" system, from the standpoint of action efficacy, the effectiveness of the "blacklist" stem; In the qualitative analysis of the "blacklist", established the punitive administrative "blacklist" nature of the administrative punishment, administrative "blacklist" administration for the record filing nature, warning administration "blacklist" of public warning properties; Finally, this paper discusses the "blacklist" behavior of legal control means and relief way, the former including careful administration "blacklist" principle and program control "blacklist" behavior, the latter preventive administrative litigation and the increase of media tort compensation lawsuit, to practice the "blacklist" government should grasp the principle of strict careful, used to have a foundation, after the implementation of relief right, avoid generalization.