On The Right Protection Of The Relative Person In The Administrative Blacklist System

At present,the administrative blacklist system has been widely used in safety production,food and drug management and many other key areas related to the national economy and people's livelihood,and has generated a strong social influence.It is undeniable that,as a new administrative means,the blacklist system plays an important role in punishing dishonest behaviors and maintaining market order.However,in recent years,the application of the blacklist has gradually fallen into the trend of generalization and abuse,resulting in threats and damages to the rights of the relative person.On the premise of broken promises,administrative organs take dishonest information published or apply for credit discipline,disciplinary measures to protect the public interest,maintain the market order,in this case the limitation on the rights of the relative person is legitimate,however,the current system is in the process of the implementation of the specific show the tendency of generalization and abuse,the relative person's rights is limited by too much,is not in conformity with the principle of administrative law of proportional,therefore,focusing on the relative person's rights in the blacklist system,It is of great practical significance to make clear the scope of right restriction and the degree of punishment of blacklist counterparts to create a good credit environment.From the current legal provisions and practice of the administrative blacklist system,the author thinks that the problems in the protection of the rights of private parties in the blacklist system are mainly manifested in the following four aspects: first,the subject of the administrative blacklist is too general.As a kind of negative credit evaluation,the blacklist is similar to the reputation penalty and qualification penalty in administrative penalty in legal nature.According to the provisions of the enactment right of administrative penalty,local governments or departments are not free to set up blacklists,but it is common to set up blacklists at random which actually increases the burden of the administrative counterpart.Second,the administrative blacklist limits the relative party's rights.The implementation of the administrative blacklist system involves multiple links such as inclusion,disclosure,punishment and withdrawal,etc.In this process,the inconsistency of inclusion standards,theimproper scope of disclosure of discredit information and the unreasonable setting of disciplinary measures have all caused damage to the rights of the counterpart.Thirdly,the administrative blacklist in the protection of the relative person's rights is mainly manifested in the weakening of the procedural rights protection in the system and the lack of effective ways to remedy the rights.Fourth,the lack of the responsibility of administrative organs to a certain extent for the administrative organs to abuse the power to provide convenience,and at the same time increased the possibility of damage to the relative rights.In order to better protect the rights of the counterpart in the administrative blacklist system,the establishment and implementation of the blacklist should be improved under the guidance of the principles of legality,proportion,due process and other basic principles of administrative law.First of all,the subject of the blacklist should be clearly defined by the state council,and a certain level of administrative authorities should be allowed to specify the relevant provisions of the blacklist in combination with their own industry management attributes.Secondly,it is necessary to standardize the behaviors of administrative organs in the implementation of the blacklist system,and fully consider the degree of restriction on the relative person's rights when specifying the standards,disclosing the scope of breach of trust information and determining the disciplinary measures.Furthermore,it is necessary to strengthen the protection of the legal rights of the counterpart,such as standardizing the procedure setting of the whole blacklist process,including setting notification and hearing procedures,and improving the way of right relief.Finally,we should strengthen the accountability of administrative organs to prevent the abuse of power.Only in this way can the effectiveness of the administrative blacklist system be brought into play and the protection of the rights of the relative person be realized.