A Research On The Judicial Relief Of Administrative “Blacklist”

In the process of the construction of Social Credit system and the reform of administrative management mode,the administrative organs have explored a series of supervision methods of using blacklist as a credit supervision tool to realize the regulation of illegal and discredited subjects,and widely used in administrative activities,but based on the characteristics of the dynamic nature of the series of behaviors,The blacklist behavior carried out by the administrative subject has different influence on the rights and obligations of the relative people,the public and other subjects,and also directly leads to the examination of the administrative blacklist behavior and the protection of the rights of the Parties in the judicial practice there are different refereeing ideas.The determination of the legal nature of the administrative "blacklist" is the premise for analyzing the suability and the basis for exploring the judicial relief mechanism.From the perspective of legal nature,the current research on the nature of administrative "blacklist" mainly includes the perspective of "administrative behavior theory" and the perspective of "administrative process theory".From the perspective of "administrative behavior theory",the definition of the nature of "blacklist" system includes the theory of administrative punishment,administrative compulsory theory,administrative guidance,and the publication of illegal facts.From the perspective of "administrative process theory",the administrative subject is surrounded.The behavior of the “blacklist” implementation is divided into different stages,and each stage of the behavior is qualitatively analyzed.This paper follows the path of administrative process theory,introduces the theory of administrative methods,and examines the legal nature of the various stages of the "blacklist" supervision activities from the perspective of administrative behavior.The series of behaviors carried out by the administrative subjects around the "blacklist" are In order to achieve social credit supervision as a unified administrative purpose,it can be regarded as the overall administrative process in the various aspects of the construction of the social credit system promoted by the administrative department of China.From a micro perspective,the series of behaviors are significant.The dynamic progressive characteristics of the stage can further examine the specific legal nature of the administrative method based on the differences in the purpose,subject,and legal consequences of the behavior.In the punitive "blacklist",disciplinary action is an administrative punishment,and the publication behavior is an aggressive administrative method that will affect the reputation of the relative person;in the warning "blacklist",the inclusion of the act is an administrative confirmation.The publicity of the act is multi-faceted.As far as the public is concerned,it is a kind of mutually beneficial administrative method.As far as the person is concerned,the act constitutes an administrative guidance and will also indirectly reduce the indirect rights.In the "blacklist",the publication of the act is an information disclosure act.After analyzing the legal nature and the suability of various behaviors around the "blacklist",the article sorts out relevant judicial practice cases,analyzes the status quo of judicial relief at different stages of different types of administrative "blacklists",and explores the judicial The issue of judicial remedies in practice.At present,some courts believe that the series of actions carried out around the administrative "blacklist" are not within the scope of the case,and the subject of the review has a large difference in the understanding of the nature of the "blacklist".Whether the behavior at each stage can be separately prosecuted,the remedy,and the relief start-up time And other issues.The article finally settled on the improvement of judicial relief,and proposed a comprehensive path to expand the scope of judicial relief,establish a blacklist phased judicial relief mechanism,broaden the scope of judicial relief,establish a preventive administrative litigation system,and build a multi-judgment type.