A Study On The Legal System Of Administrative "Blacklist"

The so-called administrative "Blacklist" refers a new type of credit tool in which administrative subjects organize,record,summarize,classify,publicly share and implement supervision and joint disciplinary actions on the relevant public credit information of the administrative counterpart.It can provide more choices for public social participation and transactions,and it is also a new development of administrative governance means to ensure that administrative obligation,social responsibility is timely and fulfilled correctly.Compared with the traditional rigid control means strict authorization conditions,complex procedures and relatively high administrative costs,the administrative "Blacklist" with its flexible,efficient,simple,diverse and other characteristics stand out,in recent years in the practice of administrative governance in the scope of application more and more extensive,and has played an irreplaceable,superior institutional function.At present,there are many controversies around the legal nature of administrative "Blacklist".The proponents of administrative penalty,administrative guidance,enforcement,information disclosure and so on are divided.Strictly speaking,the existing nature disputes of all parties have their own unreasonable points.Under the current legal system,there are inevitable loopholes in the division of the nature about the administrative "Blacklist",which cannot be fully covered.In fact,the administrative "Blacklist" after the rule of law has multiple legal attributes due to the variety of its oriented object,such as breaking thelaw but not being punished,breaking the law and having been punished accordingly,has been punished but refused to perform it,the three different objects of conduct of the administrative "Blacklist" belongs to administrative penalty,public warnings and administrative enforcement respectively.However,as a new administrative governance tool implemented by the administrative subject under the background of the network information age,the administrative "Blacklist" system still has many shortcomings,including the basic entity legal system is not perfect,the necessary operating procedures are not standardized,the administrative relief mechanism is not smooth,both of them gradually become apparent in practice.In order to achieve the ideal regulatory effect and avoid the chaotic situation of "Separate Camps",it is necessary to improve the system with heavy punches.To speed up the process of promoting special legislation,to delineate the restraint measures for the unified object of regulation,and to avoid excessive discipline;The specification contains the operating procedures including the criteria,the withdrawal mechanism and the release process;In the administrative relief to ensure the right of the object of action to raise,review and litigation,and to strengthen the administrative subject infringement of the legal responsibility to pursue.