The Definition Of "social Influence" In The Disclosure Of Administrative Punishment Information

Information disclosure of administrative punishment has a unique institutional value,which has the functions of punishing the punished,warning the interested parties,educating the public and supervising the government.The Administrative Punishment Law enacted in 1996 does not specify which administrative punishments should be made public,so the disclosure of information on administrative punishment mainly relies on the adjustment of the Regulations on Disclosure of Government Information enacted in 2008.In view of the legislative value orientation of the Regulations is to "take disclosure as the principle and non-disclosure as the exception",the disclosure of information on administrative penalties also follows this principle.China’s newly revised "Administrative Punishment Law" in July 15,2021,Article 48 provides that "administrative punishment decisions with a certain social impact shall be made public in accordance with the law." Based on this,there is an obvious change in the attitude towards the disclosure of administrative punishment information,which in fact establishes the basic requirement that the disclosure of administrative punishment information should follow the principle of "with non-disclosure as the principle and disclosure as the exception".The reason for such a change and adjustment in the revised legislation is based on the following factors: protecting the rightful privacy of the punished;reducing unnecessary administrative costs;and effectively using or excluding the influence of public opinion on administrative enforcement.However,how to define the meaning of“Having certain social impact”,and then accurately determine the scope of information disclosure of administrative penalties,both in theory and practice are controversial.In defining the meaning of this concept,first of all,from the“Certain social impact” perspective on the practice of information disclosure of administrative penalties to analyze the status quo;Then it analyzes how to define“Certain social impact” from three aspects.First,it discusses the definition of“Certain social impact” from the definition of the concept and scope of the dispute.The second is the basic principles and factors to be considered in the definition of“Certain social impact”,which include the principles of purposiveness,proportionality and proportionality of costs and benefits.The factors to be considered include the influence of special individuals,Special Period and special public opinion environment on the definition of“Social influence”.Third,specific standards of openness should be set.The information of administrative punishment concerning the public life,health and personal safety,the safety of major property,and the emergencies that are liable to cause social harm shall be regarded as having“Certain social influence”,including mandatory disclosure matters.Since the definition of“Certain social influence” in our country’s legislation is not clear,it can be determined in the future by means of departmental regulations,local legislation,judicial interpretation and guiding cases.