| With the development of China’s market economy,the administrative blacklist system has been widely used in all walks of life since it entered China.As an important part of the social credit system and a basic system for the government to implement administrative supervision,the system now has a pivotal position in China.The development of the administrative blacklist system is not only in line with the original intention of China’s administrative system reform,but also in line with the trend of reform,which is crucial for the maintenance of social order,the establishment of social credit system and the protection of public interests.However,its provisions are mainly scattered in the lower-level regulations and other normative documents,the lack of higher-level legal documents for its legal regulation,resulting in the definition of the nature of the system does not form a unified standard.In addition,there are many lawsuits involving this system in judicial practice.These cases not only have different standards in terms of characterization,but also have many problems in terms of the basis for its application,implementation procedures and remedial mechanisms.The key for the present is to clarify the setting basis,the issues related to the system are incorporated into the rule of law management track,in order to protect the legal and efficient operation of the system.This paper takes three administrative lawsuits caused by the administrative blacklist system as a perspective,summarizes the focus of the controversy and leads to the corresponding issues,such as how to define the nature of the administrative blacklist system,what is the basis for setting and inclusion criteria of the system and what kind of operating procedures should be in place.Through analysis and research,the following aspects are proposed: firstly,the nature of the administrative blacklist system is defined;secondly,the basis for setting the system is clarified,and the relevant legislation is improved,and the existing legislation is integrated and cleaned up;finally,according to the nature of the administrative blacklist system,the corresponding operation procedures are set;in addition,the relief mechanism is improved to guarantee the Finally,according to the nature of the administrative blacklisting system,we will set the corresponding operating procedures;in addition,we will improve the relief mechanism and guarantee the remedy rights of the relative.In addition to the introductory and concluding sections,this paper is divided into three main parts.The first part takes three cases as the perspective,firstly,the facts of the three typical cases and their judgments are briefly explained,and then the controversial points are summarized,namely,how to define the legal attributes of the administrative blacklisting system;whether the basis of the application of the administrative blacklisting behavior is correct;whether the procedure of the application of the administrative blacklisting behavior is legal.In the second part,we analyze the controversial points in the first part,and focus on three issues.First,the definition of the nature of the administrative blacklist system;second,the inclusion criteria of the administrative blacklist system and the legality of the setting basis should be determined;third,the operational procedures of the administrative blacklist system should be applied.According to the above theories,the three controversial points are analyzed in the light of the three cases.In the third part,based on the above jurisprudence analysis,the shortcomings of the current administrative blacklist system are summarized,and then corresponding suggestions are made in three aspects,namely,improving the legislative provisions,operational procedures and judicial remedy mechanisms.The problems of the current administrative blacklist system are the hindrances in its implementation process,which prevent the system from playing its proper role.Therefore,the proper solution of the above problems and further improvement of the system will help to guarantee the legal and efficient operation of the administrative blacklist system.Comprehensive above problems and circumstances,should clarify the administrative blacklist system set basis,the formulation of laws or administrative regulations for its rule of law management,the nature of its clear provisions;clarify the implementation of the administrative blacklist system subject to prevent the phenomenon of mutual "kick the ball" between departments,but also to prevent the abuse of public power to breed corruption The system should be clearly applied to the scope of unified inclusion criteria;improve the relevant operating procedures to provide procedural safeguards to better protect the legitimate rights and interests of administrative counter parties;smooth relief mechanisms to enable administrative counter parties to receive timely relief when their rights and interests are infringed;in addition,attention should be paid to the trend of reform,the implementation of joint supervision,and accelerate the construction of social credit system to better achieve the purpose of administrative governance. |
