| Credit,from being widely regarded as a "social evaluation of solvency" at the beginning to being used as a regulation "tool" of social governance by administrative subjects,reflects the continuous development of credit as a governance resource.With the acceleration of the construction of credit system,the credit instrument described in this paper is a new means of administrative regulation used by administrative organs for administrative governance in the perspective of administrative law,and the administrative actions in each stage are interrelated and continuous,and its operation reflects a certain process.In order to break through the limitation of the traditional administrative behavior theory on credit instruments,the theory of administrative process runs through the theoretical research perspective of this paper.By virtue of the research ideas of the theory of administrative process,the theory of credit instruments and the legal regulation model are dynamically and comprehensively set up,so as to realize the standardized development of credit instruments.This paper consists of five parts except the introduction.The first part is the theoretical analysis of the basic connotation of credit instruments.Credit instrument is not a professional legal term in administrative law.After summarizing it,the regulatory behavior implemented by administrative organs and its legal consequences,it is found that the implementation of credit instrument as a process administrative regulation means has the theoretical support of legitimacy.But at the same time the traditional administrative act theory is difficult to carry on the theory analysis comprehensively,also is difficult to adapt to its development,so it is necessary to introduce the new research theory.The second part is the introduction of administrative process theory to credit instrument.Credit instruments as a compatible with a wide variety of process of administrative activities,the study of some of the administrative action need to see from the Angle of integral,dynamic and comprehensive,so this part by means of credit tools to the administrative expounds the necessity and feasibility of the research theory,and on this basis,administrative researcher show under the perspective of credit instruments operation phase,in order to analyze the questions below and the improvement of the legal regulation model provides research thought and framework.The third part is to examine and sort out the problems in the operation of credit instruments.Through the contrastive analysis of the legal text and practice examples listed as well as to the existing legal dispute cases of generalizations and found that credit tools in the application of the law,subject to the regulation scope definition,on the disciplinary measure and afterwards the right remedy face the shortage of corresponding implementation.The fourth part puts forward some Suggestions on the legal regulation of credit instruments.This part is mainly aimed at the existing problems of credit instruments,at the same time with the help of the theoretical thinking of administrative process theory,some Suggestions on the improvement of some problems.In the legislation,consider the establishment of uniform credit legislation;In terms of the definition of the scope of prior regulation,it is necessary to show respect for private right autonomy and establish the intervention limit of credit instrument under the condition that private power relief can be allowed.In the implementation of credit punishment,we should follow the principle of proportion and the principle of no more punishment for one incident.Restrictions on fundamental rights are too arbitrary;In the administrative litigation of right relief after the event,from the perspective of the theory of administrative process,the judicial thinking is appropriately changed,and some administrative ACTS are justiciable with the help of the theory of internal behavior externalization,so as to further implement the judicial relief of administrative litigation. |
