Research On The Protection Of The Relative Rights In The Administrative Blacklist System

Today’s society is based on credit,and credit plays an irreplaceable role in the orderly development of social market economy.The administrative blacklist system with its own openness and punitiveness,can prevent traders from untrustworthy due to information asymmetry,but also can convey untrustworthy information to other market entities,compared with traditional regulatory means,the regulatory effect of the administrative blacklist system is more far-reaching,favored by administrative organs.At present,the administrative blacklist system has been widely used in many key areas,mainly involving food and drug safety,environmental protection,taxation,advertising and other fields.It is undeniable that the emergence of this system has played a certain role in the guidance and supervision of the commercial behavior of the parties and the maintenance of market order,but the drawbacks of the administrative blacklist system are gradually emerging.In practice,local administrative agencies extensively use the administrative blacklist system,but there is no unified definition of the legal nature of administrative blacklists in theory.And as a routine sanction measure,the administrative blacklist only has some simple local,industry,and departmental regulations,without any national laws or regulations.Based on current institutional regulations and practical situations,the blacklist system mainly faces problems such as setting the subject offside,generalizing the scope of application,inconsistent inclusion standards,non-standard implementation procedures,incomplete internal remedies,and obstructed judicial remedies,which harm the legitimate rights and interests of dishonest individuals.Therefore,how to regulate the system legally has become an urgent problem to be solved.By analyzing the problems existing in China’s administrative blacklist system and comparing the legal provisions of extraterritorial blacklist systems,in order to better protect the rights of relative parties in the administrative blacklist system,combining the two review levels of form and substance,under the guidance of principles such as legality,proportionality,and prohibition of improper connections,the administrative blacklist system is improved.Based on this,the construction of the legal framework,the establishment of due process,and the reinforcement of post hoc relief are three dimensions: in terms of the construction of the legal framework,in accordance with the current"Administrative Penalty Law,the legal basis for the establishment of a clear system is defined,the subject of blacklist setting is limited,and the scope of blacklist application is reduced;In terms of due process setting,effectively utilize the sanction effect of administrative blacklists,refine the publicity procedures for blacklists and the repair procedures for blacklists;In the aspect of relief and reinforcement after the event,the supervision of public power and the protection of private rights can be improved by setting up legal responsibilities for the administrative organs and unblocking the relief channels for the counterpart.