On The Disclosure Scope Of Administrative Punishment Decisions

Article 48 of the new Administrative Punishment Law stipulates that "administrative punishment decisions with a certain social impact shall be made public in accordance with the law",but many legal norms conflict with Article 48 of the Administrative Punishment Law,and there is no clear boundary of the scope of public disclosure of administrative punishment decisions in practice.The root of the aforementioned problem lies in the failure to recognize the relationship between Article 48 of the Administrative Punishment Law and other laws and the unclear understanding of the purpose of the disclosure of administrative punishment decisions.Article 48 of the Administrative Punishment Law is the basic law regulating the disclosure of administrative punishment decisions,and legal norms conflicting with this article shall not be applied.The disclosure of administrative punishment decisions belongs to adverse publicity,and from the perspective of overseas experience,adverse publicity is mainly used to warm the risks in the risk society.In China’s legal system,notification of criticism aims at deterring the public and public warning aims at avoiding significant social risks,and the purpose of publicizing administrative punishment decisions is identified as guiding the public to avoid risks,which can be distinguished from other functions of adverse publicity.The scope of public disclosure of administrative punishment is limited to those that can achieve the purpose of public disclosure,therefore,none of the social management administrative punishment decisions should be made public,while the regulatory administrative punishment decisions that can influence the decision of the public should be made public.