Research On The System Of Administrative Blacklist

The administrative blacklist system is an effective means for the current administrative organs to conduct in-process and post supervision,which makes up for the lack of pre supervision after the cancellation of a large number of administrative licenses.In practice,the supervision effect is significant,which is conducive to the construction of credit society.However,in the academic circles,scholars have different definitions of the concept and nature of the administrative blacklist system,which also leads to the continuous exposure of defects in the practice of the system.In view of this,on the basis of studying the existing literature and analyzing the relevant provisions of the existing administrative blacklist system,the author defines the administrative blacklist system as: the specific administrative subject,for the purpose of administrative supervision and punishment for breach of faith,publicizes the administrative blacklist recording the relevant information of the natural person,legal person and non legal person organization who have violated the law and breach of faith to the society,supplemented by other punishments for the breach of faith subject The legal system of disciplinary measures.Secondly,the system of administrative blacklist is defined as the punishment of applying for admonition in administrative punishment,and its content is divided into six parts: listing mechanism,publicity mechanism,punishment mechanism,relief mechanism,withdrawal mechanism and accountability mechanism.Furthermore,based on the analysis of the legislative status,implementation effect and judicial status of the administrative blacklist system,the author finds that there are some problems in the administrative blacklist system in China,such as the lower level of legislation,the imperfect listing mechanism,the disunity of publicity mechanism,the nonstandard punishment mechanism,the unimpeded relief mechanism,the imperfect exit mechanism and the lack of accountability mechanism to the administrative organs.In order to solve the problems of administrative blacklist system,the author uses the blacklist system of American government procurement suppliers,FDA blacklist system,EUaviation blacklist system and World Bank "disqualification" system for reference,and believes that any system must be supported by complete laws and regulations,and set up hearing system and exception rules while punishing the dishonest subjects To protect the legitimate rights and interests of the dishonest subject.Moreover,the system of administrative blacklist has the nature of infringing interests,which should be used with caution.Furthermore,the author believes that the main body of making the administrative blacklist system should be limited to the National People’s Congress and its Standing Committee,the State Council and ministries,the provincial people’s Congress and its Standing Committee,the provincial government and the Municipal People’s Congress and its Standing Committee divided into districts,so as to improve the legislative level of the administrative blacklist system,integrate the existing administrative blacklist management methods,and improve the legislative level of the existing management methods 。 The listed subject shall be limited to administrative organs at or above the municipal level.The integral system is introduced,and the value is assigned according to the different "times" and "degrees" of the dishonest behavior of the dishonest subject,and different punishment measures are applied according to the level of the integral.In addition,we should set up an exception to be exempt from the administrative blacklist in the listing standard,and encourage the dishonest subject to make up for the loss caused by the dishonest act.The hearing system should be added to the listing procedure to protect the legitimate rights and interests of the dishonest subject.The contents,duration,platform and frequency of publicity in the unified publicity mechanism can not only punish the dishonest subjects and protect the public’s right to know,but also protect their right to privacy.To eliminate the ultra vires punishment measures in the administrative blacklist management measures and ensure the legality of the punishment mechanism.Administrative reconsideration,administrative litigation and administrative appeal are added to the administrative blacklist system.Stipulate accountability mechanism and investigate the responsibilities of the administrative organs and their staff who violate the administrative blacklist system.