| The administrative blacklist system is a new type of administrative supervision system which is related to the credit of the parties,and it is an important part of the social credit system in China.Since the implementation of the blacklist system by China’s administrative organs,local government departments have exposed a large number of illegal behaviors of enterprises and individuals.Under the constraint of the linkage mechanism,relevant responsible enterprises and individuals have been punished in various ways.Because the form of administrative blacklist is simple and effective,it has become a powerful tool for administrative organs to govern society in recent years.At present,many administrative organs will blacklist system applied to the process of administrative supervision,set up various lists,such as the limitation of the Civil Aviation Administration of China flying in a civil aircraft serious dishonest people list,the Ministry of Transport of illegal overrun overload faithless list of party,the state general administration of market supervision and management of severe illegal breach company list,etc.At the same time,there is an obvious trend of generalization in the application of blacklist.In practice,the abuse of administrative blacklist phenomenon is common,which requires us from the legal perspective,explore the establishment of scientific and perfect administrative blacklist system,so that it really play its due role.To study the administrative blacklist system of our country,we first choose three typical cases in the implementation of the system,through the analysis of the cases,and extract the legal problems caused by it.Secondly,starting from the concept of the administrative blacklist,summarize the characteristics of the administrative blacklist,analyze the nature of the administrative blacklist and elaborate the significance of the implementation of the system.Again,from the system of the related documents and implementation effect of two aspects analyzes the present situation of administrative blacklist system and sums up the main problems of the system,including the implementation of administrative blacklist behavior on the basis of the legitimacy of the doubt,the implementation of the absence of rules of procedure and object of rights and interests safeguard blacklist of administrative behavior.Finally,it puts forward targeted suggestions to improve the administrative blacklist system,including enhancing the legislative level of relevant documents of the administrative blacklist system,clarifying the scope of application,and strictly limiting the inclusion criteria to make the administrative blacklist system more in line with the principle of the rule of law.The implementation of the administrative blacklist system should be standardized by establishing a complete blacklist listing procedure,reasonably setting the publishing method and content,and improving the blacklist removal mechanism.On the issue of how to protect the rights and interests of the object of action,it is proposed that the procedure of unimpeded objection appeal should be unimpeded and the liability for infringement should be strengthened. |
