| As an integral part of the punishment mechanism for dishonesty,the administrative blacklist system is an important starting point and institutional guarantee for creating a good business environment and promoting an honest society.But the administrative blacklist system also has the crisis of legitimacy and rationality in practice.At the content level,the legal basis is not clear,the inclusion standard is not uniform,and the disciplinary measures violate the proportion of problems.The lack of rough procedures is manifested in the fragmentation of local and departmental release procedures,the absence of hearing procedures and suspension procedures,and the non-standard removal procedures.At the level of internal relief,the channels of objection of the parties are not smooth and the right to apply for credit repair is not guaranteed,which seriously affects the protection of the legitimate rights and interests of the parties.In order to improve the standardization of administrative blacklist system,legal regulation opinions are put forward from the following aspects.First,content regulation.We will raise the level of standards for setting administrative blacklists,make the criteria for inclusion more standardized and unified,standardize disciplinary measures under the principle of proportionality,and ensure that excessive punishments are equal.Secondly,procedural regulation.Standardize the release procedure,implement the principle of due process,introduce hearing and suspension procedures,observe the principle of the exclusion of files,improve the removal procedure of the blacklist,realize the statutory time limit and proper publicity,and protect the procedural rights of administrative counterparts.Finally,internal relief.Smooth the channel of opposition of the counterpart,make good use of the administrative notification system,do a good job in connecting the objection procedure with other relief procedures,protect the right of trust-breaking persons to apply for credit repair,clarify the object of repair,the limit of behavior repair and standardize the credit repair procedure. |
