On The Protection Of The Rights And Interests Of The Opposite Party In The Publicity Of Administrative Punishment Decisions

The concept of comprehensively governing the country by law and building a socialist country governed by law has become deeplyrooted in people’s hearts.With the trend of the times,the "Administrative Penalty Law" has been revised on the basis of the original law,creating many new systems,including the system of administrative penalty decision publicity.Administrations at all levels have explored this system even before it was written into the "Administrative Penalty Law".Especially with the promulgation of the Personal Information Protection Law and the construction of service-oriented government,the protection of relative rights and interests in the publicization of administrative penalty decisions has also become an important research focus.The publicization of administrative penalty information undoubtedly serves as a warning to relative persons and can to some extent achieve the effect of educating and preventing reoffending.However,it also increases the risk of legitimate rights and interests being infringed upon.For example,how to define whether the penalty decision needs to be made public or not,and if it is made public for the purpose of maintaining the public interest and establishing a good social atmosphere,then who will judge whether it harms the public interest,who will formulate the standards for harming the public interest,who will supervise the publicization of administrative penalty decisions,and who will provide relief if there is abuse of power? These issues are not only closely related to the legitimate rights and interests of the parties involved in the administrative penalty,but also test the level of administrative law enforcement in the new era.The newly revised "Administrative Penalty Law" provides relatively general provisions for the system of publicizing administrative penalty decisions.For the current complex online public opinion environment,it appears somewhat inadequate,resulting in the excessive damage of the legitimate rights and interests of the parties involved in the administrative penalty,which contradicts the original intention of the publicization system for administrative penalty decisions.In order to better protect the legitimate rights and interests of the parties involved,this article focuses on the protection of the rights and interests of the parties involved in administrative penalty decision publicity.Based on the principles and directions of openness,this framework examines the shortcomings in legal regulation and judicial practice related to the protection of the rights and interests of parties involved in the public disclosure of administrative penalty decisions.Furthermore,by combining with judicial cases and identifying various problems,specific recommendations are proposed.This not only contributes to improving the content of the system of public disclosure of administrative penalty decisions,preventing it from being in a state of chaos and confusing its own functional orientation but also promotes the system to be more closely tailored to the requirements of the times,to better protect the legitimate rights and interests of parties involved in administrative penalty decisions.