Research On The Publishment Of The Fact Of Administrative Law Violation Of Counterpart

There is no systematic and explicit legislation in the administrative means of publishing administrative facts in violation of the law,but the discussion has never stopped.In the current shortage of administrative resources and uneven distribution,the introduction of this information tool for the publication of administrative violations is undoubtedly of great significance in alleviating the tension of administrative resources.While welcoming the various benefits brought about by the publication of administrative violations,we found that China's regulations on administrative tools are loosely fragmented,and there is no unified identification and legal regulation to use stably.Undoubtedly,the means of publishing administrative violations is itself a derogation of the relative's right to privacy.Without strict regulation,it is easy to contradict the relative private interests and infringe upon the legitimate rights and interests of individuals.To this end,this paper attempts to propose regulatory recommendations to restore the original appearance of the administrative violations and explore its nature.In addition to the introduction and conclusion,this article is divided into four parts.Its main contents are as follows:The first part is the general theory of the publication of the illegal facts of administrative counterparts.It begins with the concept and characteristics to describe the "what is" of the administrative illegal facts,and outlines the shape.After clarifying what it is,it shows its legitimacy.The support and reason for seeking to use the tool,that is,the introduction of the new regulatory tool "why" and how it will exert its unique advantages when applied to administrative adjustment,balancing the allocation of social public resources for the benefit of society.The second part uses two methods to distinguish the nature of the publication of administrative illegal facts,namely,the theory of administrative facts and the specific behavior of the administrative,and then puts forward the viewpoint of typed division,and enumerates the four types of administrative violations.The types,reputation penalties,public warnings,administrative enforcement and publication of administrative penalties.Of course,the situation in practice is quite complicated,and this article is not a closed list.The third part analyzes and analyzes the five problems existing in the publication of administrative violations in the previous section.They are:the insufficient of existing legal basis,non-standardized of the specific announcement,the violation of the content of the privacy,imperfections of the due process and the missing of mechanisms of relief.The fourth part is the proposal for the publication of the illegal facts of the administrative counterparts.They are five suggestions for improving laws and regulations,regulating the behavior of publication,clearly publishing content,standardizing law enforcement procedures,and establishing relief mechanisms.In order to regulate the illegal facts of the relatives,the use of restraint and restraint is announced.