Study On The Disclosure System Of Administrative Penalty Decision

The newly revised "Administrative Punishment Law" came into effect in July2021.Article 48 of the law stipulates the disclosure system of administrative punishment decisions,and the only limit condition is that cases with "certain social influence" can be listed in the scope of disclosure.This system has long been practiced in various places before the explicit provisions of the new law and has a certain basis in reality.As a new means for the government to publicize administrative law enforcement,publicity has the legitimate value of guaranteeing citizens’ right to know.Citizens can supervise the administrative law enforcement activities of administrative organs according to the disclosed content,so as to promote the establishment of a transparent and efficient law-based government.Moreover,publicity can act as a warning to the society,which is conducive to deterring potential harmful behaviors and maintaining social order.However,there are also many problems in the practice process of this system.Since its birth,there has been controversy in the academic circle.For example,the main function orientation and nature are still unclear,the scope and limit of openness are lack of interpretation of the upper authority law,the standards of openness are too vague,and different standards exist in the process of openness in different places,leading to the generalization of openness or the phenomenon of not being open due to the lack of clarity.However,improper disclosure of penalty decisions will lead to the risk of excessive exposure of personal privacy information and the social effect of reputation sanctions on the parties.In the future administrative law enforcement,it is necessary to be alert to the wrong way of disclosure,prevent the mismatch between means and purpose,excessive infringement of citizens’ legitimate rights and interests,and avoid the alienation of public administrative penalty decisions into reputation sanctions on the parties.It violates the principle of proportion,makes the public lose legitimacy and rationality,and deviates from the original intention of legislation.In addition to the introduction,the first part mainly introduces the disclosure of administrative penalty decisions and related systems,clarifies the definition of the disclosure of administrative penalty decisions,and distinguishes it from other behaviors that may be confused,such as punishment for breaking faith and criticism by notification.It aims to elaborate the connotation and characteristics of the disclosure of administrative penalty decisions,and at the same time makes clear that the nature of the disclosure should belong to the special government information disclosure.The main function is to supervise administration,while the social early warning is an incidental function,which cannot be the main function.The actual function of reputation sanction should also be strictly vigilant,and the strict conceptual demarcation should be used to pave the way for the following.The second part mainly clarifies the rights and conflicts reflected in the disclosure of administrative penalty decisions.Openness guarantees citizens’ right to know and right to supervise administrative organs,is conducive to maintaining social public interests and order,and is the requirement of openness in the whole process of administrative law enforcement.However,openness also contains the conflict between the right to know and the right to privacy and the right to protect personal information,which is easy to violate the personality right of the disclosed.The third part is the key part of this paper,which introduces the difficulties existing in the disclosure of administrative penalty decisions,including the confusion of legal basis,improper disclosure is easy to produce the same effect of reputation sanctions as the criticism of notification,which makes its legitimacy questioned,and the fuzzy standards of disclosure,the lack of legal procedures,and the imperfect relief and repair mechanism.It makes the public system of administrative penalty decision fall into the question of rationality and legitimacy.The fourth part is to solve the suggestions on the basis of the realistic dilemma of publicity.It should clarify the limits and scope of publicity,clarify the meaning of "having certain social influence",focus on the feature of publicity,the types of publicity should be distinguished according to the types of cases and applicable procedures,and clearly identify the problems of publicity.At the same time,publicity should strictly follow the legal procedures and improve the relief and repair mechanism.To ensure the reasonable and effective operation of the open mechanism.