Research On The Limited Disclosure Of Administrative Penalty Decisions

The core of the disclosure of administrative punishment decisions lies in the scope of disclosure.Regarding the scope of disclosure of administrative punishment decisions,there are two viewpoints:"full disclosure" and "limited disclosure".Even though the newly revised Administrative Punishment Law has made stipulations on the disclosure of administrative penalty decisions,the scope of the problem is still unresolved due to its high generalization,and the long-standing academic disputes have not been solved.In practice,due to the unclear scope of disclosure and the influence of the openness principle of government information disclosure and administrative law enforcement disclosure system,the administrative penalty decision presents a situation of openness generalization,resulting in the lack of standardization of disclosure practice and confusion with reputation sanctions and other out-of-order practices.Therefore,it is urgent to solve the problem of the scope of administrative penalty decision disclosure.This paper comprehensively interprets and deeply analyzes the disclosure of administrative penalty decisions from the aspects of normative connotation,purpose interpretation,system positioning and so on.Finally,it holds that the disclosure of administrative penalty decisions is a kind of "limited disclosure" in essence,and expounds the core meaning of "limited" as follows:the limited purpose of disclosure,that is,disclosure must conform to the purpose of supervising administrative organs and alerting the public;the finiteness of the deterministic nature of punishment means that the public decision on punishment must involve the adjustment of public interest,need the public to know widely or need the public to participate in the decision,and the public interest enhanced by publicity is greater than the individual interest diminished.On this basis,in order to make the limited disclosure of administrative penalty decisions more objective and operational and guide the practice,based on the two-dimensional consideration of legality and optimality as the theoretical basis,under the guidance of the principle of proportionality and the principle of improper association prohibition,this paper explores the scope definition scheme of limited disclosure of administrative penalty decisions by reviewing and reflecting on the existing research results.First of all,it is necessary to materialize the norms of "having certain social influence" and form relatively perfect judgment criteria to solve the problem of which administrative penalty decisions should be made public;secondly,clarify the information not to be disclosed,and improve the different detailed handling methods of the administrative penalty decision for natural persons and enterprises,to solve the problem of what information should be disclosed in the administrative penalty decision.Finally,from the legislative,law enforcement and judicial levels,this paper puts forward suggestions on system improvement.By clarifying the subject of disclosure of administrative penalty decisions,implementing administrative organs’corrective obligations,and improving the relief mechanism of resorting to a third party,the above scope definition scheme of limited disclosure of administrative penalty decisions can be guaranteed to be smoothly implemented and run smoothly in practice,so as to standardize the public behavior of administrative penalty decision.