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A Study On The Disclosure System Of Administrative Penalty Decisions

Posted on:2021-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q LuFull Text:PDF
GTID:2416330605475088Subject:Law
Abstract/Summary:
As a new type of government regulation,the disclosure of administrative punishment decisions has been widely used in all aspects of administrative law enforcement,not only effectively protects the public’s right to know,but also protects the interests of the public.However,due to the lack of unified and clear legal norms,there are some problems in practice,such as unclear disclosure subjects,inadequate use of disclosure methods,inconsistent disclosure content,rudimentary procedures,and limited administrative compensation,which have affected its normal functioning.In order to solve these problems,it is necessary to regulate the law and control it from the legislative level.With the opportunity of the amendment of the Administrative Penalty Law,it is clear that the decision on administrative punishment should be made public,and at the same time,a unified administrative regulation should be formulated to guide practice.Specifically,the following aspects should be achieved.First of all,the main body of disclosure must be clearly defined.While guaranteeing the disclosure of law enforcement agencies,it must also grant certain public authority to coordinate the relationship between superiors and subordinates.Secondly,we should promote the diversification of public ways,expand the channels of publicity,make full use of the interactive functions of new media,and provide good feedback.Thirdly,it is necessary to clarify what should be disclosed and what should not be disclosed,and to prevent the occurrence of infringement through procedures such as prior notification and review.Finally,we must implement accountability and improve remedies such as administrative litigation and administrative compensation to remedy rights that may be infringed.
Keywords/Search Tags:administrative punishment, information disclosure, legal regulation
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