The Study Of Blacklist System From The Perspective Of Administrative Law

In recent years,a lot of industries have established relevant "blacklist" system,such as tourism industry,food and drug industry.The publication of these "blacklist" has aroused widespread controversy.In 2016,the State Council set up the guidance of improving the construction of social integrity by establishing a perfect faith joint incentive and untrustworthy disciplinary system to accelerate the construction of social integrity.It stipulates that joint punishment is carried out in key areas and serious dishonesty,and the system of the typical "Red List" and the "blacklist" system of serious discredited owners are constantly perfected,and the leaders are regulated according to law.The production and release of the domain red and black list.Therefore,it can be seen that the "blacklist" system,as a new and effective administrative means,will play a vital role in the administrative supervision in the future.However,because the laws and regulations of our country have not yet made a unified regulation on the system,the "blacklist" system in our country has not yet fully mature.The use of it may cause damage to the legitimate rights and interests of citizens,and at the same time cause the credibility of administrative organs to decline and increase the contradiction between public power and private rights.Therefore,it is of great theoretical and practical significance to study the blacklist system in combination with the relevant theoretical knowledge of administrative law.The first part of this paper discusses the basic theory of the "blacklist" system.Through the analysis of the definition of the "blacklist" system,the analysis of whether it belongs to the specific administrative behavior and the legal nature of the specific administrative act will be analyzed.People's relief provides a theoretical basis.At the same time,it analyzes the legitimacy of the "blacklist" system from three aspects: social background,cultural foundation and internal motivation.The second part introduces the status of the "blacklist" system in China,mainly including the relevant legal texts and relevant judicial cases involved in the "blacklist" system,and divides the types of the blacklist according to the different characteristics.The third part summarizes the problems faced by the "blacklist" system,including four aspects: the lack of legal basis,the unclear body of the formulation and release,the anomie of the scope of application and the lack of procedure setting.The fourth part,according to the problems facing the present stage andthe status of the "blacklist" system in foreign countries,puts forward some suggestions from five aspects of the legal formulation of the system,the subject of formulation and release,the scope of application,the standard of procedure and the way of relief,so as to prevent the abuse of the blacklist and guarantee the effective operation of the system and reach the period of time.The purpose of administrative management.