Research On The Legal Regulation Of Punishment Administrative Blacklist

In the context of the construction of the social credit system,the punishment-type administrative blacklist is widely used,such as the joint punishment of untrustworthy wages for the wages of migrant workers.The punishment-type administrative blacklist uses the disclosure of the illegal information of the relative and actively limits the rights of the relative to achieve the purpose of supervision.It is a new means of credit supervision and a type of administrative behavior,which should be incorporated into the existing administrative legal framework.In order to improve the original lack of law enforcement means.However,with the extensive use of the punishment-based administrative blacklist in practice,some legal problems have arisen.This paper attempts to introduce the object of punishment from the four administrative examples,and tries to combine the existing theories and practices,analyze the institutional functions of the penalty administrative blacklist,and find out the main problems of the penalty administrative blacklist.Propose the corresponding regulatory recommendations.This article begins with the theoretical analysis of the punishment-based administrative blacklist.It mainly introduces the definition,form and legal attribute analysis of the penalty administrative blacklist.The definition begins with the classification of administrative blacklists,analyzes several types of administrative blacklists,and then extracts the characteristics of disciplinary administrative blacklists.There are two main forms of disciplinary measures in form:one is to discriminate the information of the relatives to achieve disciplinary purposes,and the other is to actively limit the rights of the relatives.Then,starting from these two forms,analyzing the penalty administrative blacklist is an administrative penalty.Secondly,the overall analysis of the penalty administrative blacklist shows the advantages and functions of the penalty administrative blacklist compared with the traditional administrative penalty.As a more flexible means of punishment,the punishment-type administrative blacklist can supplement the types of administrative punishment,improve administrative efficiency,increase the public participation of administrative punishment and protect citizensright to know,and play an educational role for the public.To cultivate the public’s legal awareness.Thirdly,it focuses on the specific legal issues encountered in the practice of the punishment-type administrative blacklist,and elaborates them one by one.First,because the penalty blacklist is not uniformly regulated in law,there are some problems in the legislation,such as the offside of some legal provisions,the differences in judicial opinions,and the fragmentation of law enforcement subjects.Second,the penalized administrative blacklist has the problem of generalization.The penalized administrative blacklist has too many criteria,such as excessive scope,inappropriate punishment,and improper connection of joint punishment.The third issue is punishment.The administrative blacklist is a kind of behavior that would harm the rights and interests of citizens,but its administrative procedures are simplistic.This is not conducive to guaranteeing the legitimate rights and interests of relatives and interested parties.In the context of the rapid spread of network information,it will give relatives and Interested parties cause large losses.Finally,the main recommendations are on the regulatory recommendations for the penalty administrative blacklist.First of all,for the problem that the law is not uniform,it is recommended that the penalty administrative blacklist be clearly defined as the type of administrative punishment.Secondly,for the scope division of the penalty administrative blacklist,this paper proposes to strictly include the conditions and determine it as cumulative to illegal level.Disciplinary action is taken.The cumulative process of bad behaviors as a pre-examination record of the penal-type administrative blacklist should not be externalized.For disciplinary measures,recommendations should be strictly legalized.For the joint disciplinary action of untrustworthy,a causal link should be set;The procedural regulation of the penalty administrative blacklist can be divided into three parts:the factual stage,the punishment stage,and the information maintenance stage.The facts should be classified as legal.The procedures for penalties should follow the procedures of assessment,advance notice,listening to the statement and defense and announcement,and require correction procedures in the information maintenance phase,and require the corresponding counterparts to issue corresponding credit certificates.The main point of this paper is that the punishment-based administrative blacklist,which is one of the disciplinary measures,should be regulated as one of the administrative punishment methods,which will improve the various problems encountered in the administrative practice of the penalty administrative blacklist.This will facilitate the inclusion of a penalized administrative blacklist within the existing legal framework.The punishment-type administrative blacklist is a new type of supervision means.It is a kind of credit regulation tool.Although it is in line with the convenience and efficiency of administrative principles,it also has its negative effects.It should be used cautiously under the premise of the law.Abuse,if other administrative penalties can also achieve the same disciplinary effect,we should compare which disciplinary measures have the least negative effect,and then make specific disciplinary decisions.