Yang Jianshun
Use write down the system that sign a letter, announce " blacklist " the practice will punish illegal person, violate compasses person, the person that make a holiday and do not keep promise " Laolai " etc, a lot of people are held hold with a manner, have quite " affording general satisfaction " feeling. For the angle from axiology, I also endorse this kind of method, think it is the important step of the actual effect sex that ensures active and active administration; But, for the point of view that discusses from Cheng prodrome and process, I urge all administration all ought to " it is under the law, the plan that gets a way is made " , think at present a lot of our country places and sectional place are carried out " blacklist " system urgently legal plan is made.
Write down the system that sign a letter, announce " blacklist " the practice is in practice wide welcome, and get advance quickly, this among them reason has a lot of, and its mainest reason is this kind of method illegal to punishing person, violate compasses person, the person that make a holiday and even " Laolai " etc indeed effective. Really, actual effect sex is very important, it is a when undertake value is measured on administrative law important factor of influence, fiducial, it is the coordinate that value accepts or reject even. The proper sex of active and active administration is built be based on safeguard and achieve public interest, and the sex of actual effect of administrative activity need that is pursuit target with public interest is ensured. It is theoretical foundation with sex of this kind of public interest just about, the establish on administrative law a lot of " ensure the system of sex of administrative actual effect " or say " the system that ensures obligation is fulfilled on administration " , punishment of such as administration, administration is compulsive, also include to stop, the behavior giving advantage such as cancel business license, endow with a class gold of all sorts of adding duty, impose, and announce disobey voluntary action to wait. Adopt these act not to ask to have certainly " law " according to, but, need to have " the basis of the law " . By its the place of sex of increase and decrease with accessary place decides this. Write down the system that sign a letter, announce " blacklist " practice, often accompanying prohibit borrowing money, into city, take plane and Gao Tie to wait a lot of penalize sexual measure, was head and shoulders above " announce " factual behavior category, so more need to have legal basis.
Ensure the system of sex of administrative actual effect supports the basics that is active and active administration, and in the final analysis needs sex of administrative actual effect with its lawful sex and rationality are a foundation. No less than " the decision that the Central Committee of Communist Party of China is like dry major problem according to law state about advancing in the round " be pointed out: Should " implementation legislation and reform are decision-making join, accomplish major reform to have at the law according to, legislation gets used to reform and need of economic society progress actively... the legal laws and regulations that asks to incommensurate reform, should be revised in time and abolish " " should raise use use self-consciously to treat thinking and law means to deepen reform, promote development, dissolve contradiction, maintain stable ability " . Departmental door advances each district " blacklist " system, ought to pay attention to its not only " effectiveness " , and still ought to take its seriously highly lawful sex and scientific rationality. Since announce " blacklist " wait for the system that sign a letter to be considered as a kind of effective method, that ought to decide corresponding standard standard to affirm its the method that is a law through revise or be being made, and from mechanism, program and even fiducial wait for the level to try standard; If cannot affirm this kind of method with the form of standard standard, so, ought not to use this kind of method.
Build only be opposite soundly " blacklist " the legal plan that waits for the system that sign a letter is made, hold to the principle such as protection of authenticity, comprehensive sex, seasonable sex, privacy and lawful sex, ability ensures " blacklist " the organic component of the administrative investigation that waits for the system that sign a letter to become science and information management system, reduce converse choice, avoid bad money to drive out fine money, the discipline that manages exposure of break a contact is restrained (ego is cabined principle) , fulfil lawfully the administrative specific requirement about honest be as good as one's word, cogent protection closes legally compasses person rights and interests, develop its adequately to regard as ensure the action of system of sex of administrative actual effect.
(professor of courtyard of law of university of people of author department China, compare director of administrative law institute)
