On the Legal Attribute and Behavior Regulation of Administrative ＂Blacklist＂

Yinling Si

《International Journal of Social Science and Education Research》 4卷3期 (2021/03) Pp. 297-306

https://doi.org/10.6918/IJOSSER.202103_4(3).0043

摘要

As a new way of administrative activities, the administrative blacklist has a complex behavior pattern, and the application of punishment measures has its particularity. In recent years, while the administrative ＂blacklist＂ has shown strong vitality, there are also major problems in the rule of law, which are mainly manifested as the legitimacy crisis of the basis of the administrative ＂blacklist＂ behavior, the lack of rules of the behavior process and the insufficient protection of the rights and interests of the object of the behavior. According to the regulation path of administrative ＂blacklist＂ behavior under the research paradigm of administrative process theory, we should regulate the behavior of administrative ＂blacklist＂ from the aspects of creation of reference basis, application scope, procedure standard and establishment of relief mechanism. Strictly control the scope of application of administrative ＂blacklist＂; From the macro and micro level to consider the administrative ＂blacklist＂ procedure standard and establish the administrative ＂blacklist＂ internal and external relief mechanism, make it become the government to strengthen the supervision of legal and effective means.

關鍵字

Administrative blacklist ； Legal attribute ； Administrative penalty ； Administrative process theory ； The behavior regulation

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