Research On The Protection Of The Relative Person's Rights In The System Of Administrative Blacklist

The use of administrative blacklist has a long history in our country,in recent years,under the impetus of the national credit system construction,the blacklist is widely applied to all areas and departments,and there are many different kinds of items,with its unique evaluation and influence mechanism,in the aspect of social regulation and guidance,credit constraints play an irreplaceable role.However,the extensive application and rapid development of China's administrative blacklist is mainly to cope with the rapidly growing needs of social supervision,which is"crossing the river by feeling the stones" without mature,rigorous theoretical support and clear regulations.At the same time,the academic circle of blacklist in the theory of overall study also started relatively late,and largely focused on the legal attribute of the blacklist on issues such as,as a result,the blacklist system in the administrative relative person rights jurisprudence are numbered,combined with the reality in the blacklist was a lot of abuse,and no corresponding rights protection specification,blacklist relative person's rights theory and the reality of the disconnect,blacklist relative person's legal rights can not get full guarantee law,serious damage to the system of value of administrative blacklist.Therefore,in view of the reality in the blacklist in right protection problems,this article through the analysis of the theoretical basis of administrative blacklist rights and run the status quo,from the list the legislation safeguard,the procedure safeguard and the judicial safeguard of the aspects,such as perfecting the system construction of administrative blacklist,safeguard the blacklist relative person from violation,the administrative power by administrative organs abuse excessive squeeze or not equal treatment,and fully guarantee the other party to participate in the administrative process,the right to know,right to defend oneself,and right of relief to suffer after.This paper is divided into four parts:The first part mainly introduces the basic theory of the administrative blacklist system and the development of the administrative blacklist system in China.From the administrative blacklist system of the concept,legal attributes and types of analysis and exploration,it also briefly discusses the relationship between the administrative blacklist and the administrative punishment and the impact of the functional type of the administrative blacklist on the rights of the counterpart.The second part of the administrative law theory and the operation of the status quo of the two aspects of the administrative blacklist analysis,and then summed up the system of administrative blacklist relative protection of the rights of those problems.The third part,by analyzing the design of the extraterritorial blacklist system in the protection of the rights of the parties,sums up its mature experience accumulated in practice,taking it as a reference,and combining with the actual situation of China's administrative blacklist system,several suggestions on the protection of the rights of the opposite party in the administrative blacklist are put forward.The fourth part is aimed at the deficiency of the protection of the relative person's rights in the system of administrative blacklist in our country,and puts forward the perfect proposal,mainly discussing it from three angles of legislation,procedure and relief,combined with the above theoretical analysis and practical problems to put forward specific suggestions for improvement.