On The Criticism Of Administrative Punishment By Notification

The "Administrative Punishment Law of the People’s Republic of China" enacted in1996 is a landmark law in my country’s administrative rule of law and even the whole process of building the rule of law.However,in the more than 20 years since the formulation and implementation of the Administrative Punishment Law,the deficiencies in its system design have become increasingly prominent.On January 22,2021,the 25 th meeting of the Standing Committee of the 13 th National People’s Congress has revised and passed the "Administrative Punishment Law of the People’s Republic of China"(hereinafter referred to as the "Administrative Punishment Law").Compared with the current "Administrative Punishment Law",a significant change is that the newly revised "Administrative Punishment Law"(hereinafter referred to as the "New Law")in terms of the types of administrative penalties,among the types established in Article 9,Item 1.,in addition to the "warning" stipulated in Article 8 of the current law,"notice of criticism" has been added in parallel.From a conceptual point of view,notification of criticism and administrative punishment are related,and it is understandable that notification of criticism is one of the types of administrative punishment.Therefore,the "New Law" includes "notifying criticism" as the category of administrative punishment,which means that in the Chinese administrative law system,especially in the legal system established by the "Administrative Punishment Law" since then,it has a general category of administrative punishment.properties.This also means that,after the implementation of the "New Law",in the direction of legal interpretation,it can be said that "Circular Criticism" should cover various forms of reputational punishment and administrative punishment.An administrative punishment act,whether or not it is formally called "reporting criticism" according to the norm,or "public condemnation","listing on the untrustworthy list","publishing illegal facts" or any other name,as long as In terms of the essential characteristics of legal effect,that is,the sanction meets the essential characteristics of honorary punishment,it can be included in it and become a kind of "notice of criticism".In some developed countries and regions under the rule of law,there are special reputation penalties,and there are specific types of penalties,such as publishing the name of the offender,publishing the name of the illegal enterprise,exposing the illegal enterprise in the media,publishing the photos of the violating parties,etc.There are other forms of punishment that have a greater impact on the person’s personality through the media.In Chinese Taiwan,there are types of penalties for "reputational sanctions",including publishing names or titles,publishing photos,etc.This classification makes "reputational penalties" strictly differentiated from other types of penalties and constitutes an independent system.Some scholars in my country’s academic circles believe that the Administrative Punishment Law does not yet provide for "reputation punishment",and generally think that "warning" is classified into the category of "admonishment punishment".However,in the new law,after the original punishment type "warning",a new punishment type of "Circular Criticism" has been set up,which involves the impact on the reputation and even the personality of the offender.Given this,it falls under the category of "honour penalties".Because "notifying criticism" and "warning" are different,"warning" is often carried out one-on-one between the administrative subject and the person being punished,and the warning decision for administrative punishment is also delivered one-on-one."Circular criticism" is different.It involves the relationship between the offender and other social subjects,and the relationship between the offender and the unspecified public.Therefore,"Circular Criticism" can be implemented in the new Administrative Punishment Law.,which is a very large expansion of the types of administrative penalties.