Research On The System Of Public Disclosure Of Administrative Penalty Decision

Article 48 of "Administrative Punishment Law" establishes the disclosure system of administrative punishment decision.As a new administrative management means,it has been widely used in the field of administrative law enforcement.On the one hand,it is not only conducive to the realization of the public’s right to know and strengthen the administrative supervision and management,but also protects the legitimate rights and interests of administrative counterparts.However,due to the ambiguity of "having certain social influence" and "provisions according to law",the scope of disclosure of administrative penalty decisions is not clear,the procedures of disclosure are not uniform,the methods and subjects of disclosure are not sufficient,which makes the function of disclosure of administrative penalty decisions cannot be realized normally,and also goes against the original intention of system design.In order to solve such problems,regulation must be carried out from two aspects.First of all,from the level of system design,it is necessary to redefine "having certain social influence",start from the difference between the illegal subject and the illegal behavior,through the way of subject judgment and behavior supplement,and then clarify the scope of disclosure of administrative punishment decision.At the same time,other legal norms should be coordinated,specific provisions should be refined,disclosure procedures should be unified,disclosure subjects and methods should be defined,and relief channels for parties concerned should be guaranteed.Secondly,from the level of institutional practice,it is necessary to combine the multiple value orientation and give it different institutional attributes according to different law enforcement scenarios.In addition,it introduces the administrative discretion benchmark,formulates the rule of discretion,and restricts the discretion authority of administrative organs,so as to improve the system construction and implementation of the disclosure of administrative penalty decisions.