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Study On The Legal Issues Of Administrative "Blacklist"

Posted on:2020-04-05Degree:MasterType:Thesis
Country:ChinaCandidate:Z H ZhengFull Text:PDF
GTID:2416330623450172Subject:Master of Law
Abstract/Summary:PDF Full Text Request
In recent years,the blacklist has become a hot topic in society.As we all know,integrity is the cornerstone of sustainable economic and social development.However,with the rapid development of China's economy,there are more and more lack of integrity and even illegal phenomenon.For example,sanlu toxic milk powder,Da Vinci furniture fraud and other incidents,all of these events strongly impact the bottom line of social morality,put forward new challenges to China's social governance.The publication of administrative "blacklist",as a new way of administrative law enforcement,is conducive to promoting the construction of social integrity system and strengthening administrative supervision during and after the event.This article intends to study the legal issues of administrative blacklist from the perspective of administrative law,within the normative framework of administrative law,the author proposes to solve the relevant legal problems with the thinking of administrative law in view of the main problems involved in the practice of administrative "blacklist".The main content of this paper focuses on three aspects.First,in terms of the legal nature of the system,through comparative analysis of various theories,it is clear that the legal nature of the system is a compound administrative act.At the same time,the theoretical basis and legal norms related to the system are summarized.Secondly,in terms of the implementation status of the system,this paper analyzes the implementation status of the system with typical cases,and expounds the major problems such as lack of special legislation,violation of basic principles and imperfect implementation procedures.Third,in the improvement of countermeasures,the author put forward to improve the administrative "blacklist" system with the rule of law thinking.In order to standardize the operation of the administrative "blacklist" system,special legislation,implementation of the basic principles,the establishment of a sound implementation procedures and other measures.
Keywords/Search Tags:The blacklist, Administrative law, Proportionality, The administrative punishment, Administrative remedy
PDF Full Text Request
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