Research On The Blacklist System Of Administrative Law Enforcement

In June 2014,the State Council promulgated the "Planning Outline for the Construction of the Social Credit System(2014-2020)",which clearly specified the need to "improve the punishment system for dishonesty and establish a blacklist system for various industries." In this context,administrative agencies are paying more and more attention to "governance through credit",so the blacklist system,which is a credit regulation tool for administrative agencies,came into being.It has developed vigorously in all walks of life and is punishing untrustworthy behavior and maintaining market order.Played an active role.Due to the lack of legislation on the administrative law enforcement blacklist system,it is difficult to conduct a fundamental analysis of the administrative law enforcement blacklist system from the legal and regulatory level.We can only conduct in-depth research on the basis of empirical evidence,and organize the administrative law enforcement blacklist by sorting out local regulatory documents and judicial cases.The theoretical research and practical operation of the system are analyzed in detail.At the level of theoretical research,it is found that the blacklist system has the problems of unclear conception and inadequate research on the legal nature.At present,the definition of blacklist in academia is still in a diverse state.On the basis of summarizing the concept of blacklist proposed by various scholars,the concept of blacklist is redefined,and the blacklist is explained in terms of the credit punishment of untrustworthy actors and the protection of rights and interests of law-abiding persons.The dual value of the list system.In the current blacklist normative documents,the channels for protecting the rights and interests of the counterparty are rarely mentioned.The reason is that the nature of the administrative law enforcement blacklist is unclear.Therefore,clarifying the legal attributes of the administrative law enforcement blacklist is of great significance for improving the blacklist relief system.When clarifying the legal nature of the blacklist,the research paradigm of administrative process theory was introduced,and it was concluded that the blacklist was implemented by a variety of administrative agencies,including "planned behavior","listed behavior","published behavior",and "punishable behavior".A compound administrative activity method composed of four process behaviors.In practical operations,there are mainly problems such as setting standards and disciplinary measures to be standardized,implementation procedures and supervision and management to be improved,and incomplete relief systems.In response to these shortcomings,firstly,unify the blacklist setting standards and conduct a legal review of the blacklist legislation;secondly,improve the blacklist implementation procedures from the four behavior stages,and introduce a blacklist grading system and a cumulative points system to improve the blacklist Finally,starting from the legal nature of the administrative law enforcement blacklist system,clarify the remedy of the counterparty,actively adopt the blacklist objection system,and clarify that the blacklist of the nature of external administrative acts shall apply the remedies of administrative reconsideration and administrative litigation,and strive for Resolve administrative disputes quickly and effectively.