Research On Illegal Information Disclosure As Administrative Means Of Regulation

Under the background of information society,illegal information disclosure,a new means of regulation,emerged at a historic moment,as the traditional administrative regulation measures have disadvantages.This administrative regulation measures have been widely used in road traffic areas,product quality,food safety,environmental protection,and many other fields.For one hand,it provides the public with much risk information timely,For the other hand,it can help to solve the contradiction effectively between diversified administrative tasks and limited enforcement resources.It has become a better tool for administrative organs to solve real problems.At present,the theory recognizes about this measure are scarce and the research is brief and rough,which lead to a vague recognition about the legal status of illegal information disclosure.As a result,it is likely to provide a hotbed for abuse of power.Illegal information disclosure has its own special internal structure which is different from traditional regulation measures.It includes three main body:the administrative subject,administrative relative person and social public.This measure achieves certain legal effect with the help of the public,so when it comes to the nature of this measure,we should analysis its internal structure.In the relationship between administrative subject and the public,illegal information disclosure is a factual act.Administrative subject only provide relevant information for the public and make a risk warning.In the relationship between administrative subject and administrative relative person,illegal information disclosure is a legal act which is aimed at realizing specific regulation effect.At the macro level,it belongs to a new and effective ensure measure.At the micro level,it can be divided into administrative coercive measure,indirect administrative enforcement and specific measure to regulate illegal phenomenon.As a new administrative regulation measure,illegal information disclosure has its legitimacy no matter from experience dimension or concept dimension.In terms of function and experience,it can cover the shortages of the traditional regulation measures.In cultural concept,it conforms to the traditional value of “shame” and modern “disgrace”.In respect of social philosophy,it accords with the multi-governing theory and safety valve principle.From the legal principles point,It embodies the administrative proportion principle.What’s more,this regulation measure has its legal basis which can be analyzed from relevant legal provisions,for instance,the information disclosure of the People’s Republic of Chinaregulations.In combination with the practical difficulties of illegal information disclosure and its special internal structure,we should make some restrictions on this measure in case it brings some irreparable violations of rights and interests including the right of privacy,reputation,honor and so on.For such consideration,it is necessary for us to restrict it from legal basis,principle,scope,procedure and relief measure in the later using.Illegal information disclosure is a kind of administrative act which put the administrative relative person at a disadvantage,so administrative organs shall control this mean in process and carry out preventive review.Besides,administrative organs should follow relevant principles and explore the related system or methods to protect the rights of relative person,such as preventive litigation.Only through these restrictions,can this regulation measures play a positive role in administrative enforcement.