Research On Punitive Administrative "blacklist" System

In the context of the establishment of a social credibility system,punitive administrative "blacklists" have been widely used in practice as an important means of punishment for dishonesty,and have achieved good regulatory results.The punitive administrative "blacklist" system implements the credit supervision of administrative counterparts by including administrative counterparts on the "blacklist" and taking measures to punish them for dishonesty.However,the punitive administrative "blacklist" system is a new system,and the problems of its standardization and insufficient degree of rule of law have gradually been exposed.The punitive administrative "blacklist" system belongs to a type of administrative "blacklist" system.This article starts with the administrative "blacklist" system,starting from the concept of administrative "blacklist",and according to the different functions,the system is divided into three types: punishment type,information disclosure type and internal type.The system connotation of the punitive administrative "blacklist" includes four aspects: the behavior of being included in the "blacklist",the publicity and withdrawal mechanism,the adoption of punishment measures for dishonesty,and the relief mechanism.The legal effect of the punitive administrative "blacklist" is not directly related to the management behavior of the administrative agency,and its legal effect is indirect.Therefore,this article defines the punitive administrative "blacklist" as an administrative factual act.In order to understand the operation of the punitive administrative "blacklist" system in legislation and practice,the author starts with the current status of the operation and practice of the punitive administrative "blacklist" system,and focuses on the scope of application of the "blacklist" during the operation of the system,information disclosure,program operation and relief mechanism,etc.The author found the following problems in the implementation of the punitive administrative "blacklist" system: First,the substantive legal issues,the punitive administrative "blacklist" is an administrative factual act that has a greater impact on the administrative counterpart.According to the clear regulations,the legislative level is low and imperfect,and there are problems such as unclear listing standards,inconsistent regulations on published content,and multiple publishing subjects in terms of information publication.Second,there are procedural legal issues.There are different regulations on the procedures for the inclusion of punitive administrative "blacklists",the lack of publication procedures,and the lack of procedural regulations for the linkage mechanism between administrative penalties.Thirdly,to remedy legal issues,the punitive administrative "blacklist" system will have a greater impact on the rights of administrative counterparts,and It is likely to infringe on the rights of administrative counterparts,but its withdrawal mechanism is not perfect.There is an administrative appeal and review mechanism to replace administrative reconsideration and administrative reconsideration.The phenomenon of litigation as a relief mechanism increases the possibility of damage to the rights of administrative counterparts.In order to better protect the rights of administrative counterparts,the operation of the punitive administrative "blacklist" system should follow the principle of legality,proportionality,the principle of prohibition of improper connection,due process.First of all,for the substantive legal issues of the punitive administrative "blacklist",it is recommended to define the punitive administrative "blacklist" as an administrative factual act,apply the principle of legal reservation to its legislation,and clearly stipulate that it shall be regulated by laws and administrative regulations,and local regulations,Regulations and other normative documents can only stipulate detailed rules for the implementation of the "blacklist".We should strictly limit the scope of application of the "blacklist" and the degree of restriction on the rights of administrative counterparts.Secondly,with regard to the procedural legal issues of the punitive administrative "blacklist",it is recommended to regulate the connection procedure,the listing procedure and the information disclosure procedure.Finally,improve the withdrawal mechanism,administrative relief mechanism and judicial relief mechanism of the punitive administrative "blacklist",incorporate the punitive administrative "blacklist" into the scope of administrative reconsideration,and protect the rights of administrative counterparts.In this way,the punitive administrative "blacklist" system can be incorporated into the legal framework,the strictness and appropriateness of its legal regulations can be improved,and the standardization and legalization of the system's operation can be ensured.