Research On The Publicity System Of Administrative Penalty Decision

The new "Administrative Punishment Law" has its special function of formally establishing the system of administrative punishment decision disclosure from the legislative level.However,due to the high generalization of legislation and the lack of corresponding normative interpretation,the application of the open system of administrative penalty decisions still faces such problems as unclear open principles,vague open standards,conflicts of rights and interests in the open process,and imperfect open error relief mechanism.Based on the consideration of the existing practice,combined with the existing theory and the principle of administrative rule of law,this paper puts forward some preliminary improvement measures.First of all,we need to clarify the basic principles of the publicity system of administrative penalty decisions,so that the publicity of penalty decisions can operate under the legal framework.Secondly,from the perspective of the punished counterpart and the punished behavior,define the standard of punishment decision disclosure,and then build a supporting system of public explanation of reasons as its operation guarantee.Thirdly,we should take measures such as introducing personal information protection rules,limiting the disclosure time of punishment decisions,and regulating the disclosure of punishment decisions for the second time to refine the disclosure of administrative punishment decisions,so as to eliminate the conflict of rights and interests in the practice of the disclosure of punishment decisions to the greatest extent.Finally,we should improve the public relief mechanism of punishment decisions by establishing the public error correction system and implementing the afterwards accountability system,so as to achieve a win-win effect of effectively protecting the rights and interests of the opposite party and ensuring the credibility of the administrative organs.