Legal Reflection On Perfecting The System Of Administrative Blacklist

Administrative blacklist system is specific institutions,according to the relevant authority or authorize to have harm public interests or the interests of others illegal,illegal behavior of enterprises,individuals or organizations,in accordance with the credit evaluation of the degree of behavior deviating from the social expectations and blacklisted,and regulations,the administrative organ,social organization and the rights and duties in the relationship between different degree of faithless behavior person,as well as the administrative organ system of the internal relationship between the power and responsibility.There are two theoretical bases for the government to adopt the system of administrative blacklist,one is the theory of the right to know,the other is the theory of market failure.The administrative blacklist system has the functions of market supervision,law enforcement cost saving and risk warning.In the legislative level,the administrative blacklist system lacks legal basis,which is mainly caused by its unclear legal nature.The establishment of the administrative blacklist system is characterized by fragmentation,which leads to the inconsistency of the inclusion standard,credit rating and publicity platform of the administrative blacklist system.At the level of remedy approach,the parties are faced with difficulties such as not being guaranteed the right of dissent,being excluded from the scope of judicial review,and difficulty in obtaining compensation.Inorder to standardize the operation of the administrative blacklist system,promote the construction of the social credit system,and protect the rights and interests of counterparts,the legal basis of the administrative blacklist system should be clarified,and a separate law should be formulated to strictly control the setting of joint punishment.Through the accumulation of points system unified administrative blacklist system included in the standard,for the publicity platform unified remove obstacles;Before and during the publicity,the opposition right of the counterpart shall be protected;In addition to the reconsideration and judicial review,the credit repair mechanism should be improved to make the other party take the initiative to repair its own credit.