Research On The Blacklist System From The Perspective Of Market Supervision

For a long time, Chinese government regulate the market, which mainly rely on market access side of the administrative examination and approval and the market end of the administrative punishment. The administrative examination and approval to make the market lose its vitality, and the administrative penalty legislation lags behind, which make the government’s control of the failure of the more prominent. With the advance of the construction of social credit system in our country and the need to strengthen the matter in the post regulatory and innovative regulatory approach, blacklist system as a new and effective regulation tools more and more get the attention of the administrative organs. Blacklist system is exotic, which is used in a wide range : in addition to the administrative organs, judicial authorities, industry associations and enterprises are in the use of a blacklist system. The blacklist system is a kind of illegal behavior on the external performance, which is a kind of harm to public interests, the interests of the industry and the interests of enterprises. Blacklist system contents include: the establishment of black list files, publish blacklist information, focus on supervision, eligibility restrictions and permanently expelled from the market. As the market supervision of the blacklist, its legal nature is pure administrative punishment behavior, which is different in government information disclosure behavior, administrative guidance and administrative enforcement actions, also does not violate the principle of "the matter is no longer fined". Blacklist system is dishonesty disciplinary mechanism. Blacklist system can be used as an alternative to the market to enter the administrative examination and approval system, is contribute to the formation of a good credit environment,and is innovative regulatory approach to the new paragraph. Blacklist system can effectively solve the problem of asymmetric information in the market failure, released a blacklist of deterrent is far greater than the traditional methods of administrative supervision, qualification restriction increased the cost of illegal market main body, the income of the blacklist system implementation to develop a higher than the cost of the blacklist. The blacklist system implementation faces some difficulties: Blacklist system is not perfect, China’s credit system is not yet mature, supervision system in process and afterwards has not been established. This should be special legislation to regulate the blacklist system, strengthen the construction of the supporting system of blacklist system, establish supervision system in process and afterwards, to protect the effective implementation of the blacklist system.