Research On The Information Disclosure System For Administrative Punishment Decisions In China

The information disclosure system of administrative penalty decision is a common government regulation means,which has been widely used in road traffic management,public security management,anti-monopoly investigation,tax evasion and other fields.The information disclosure system for administrative penalty decisions is based on Paragraph 2 of Article 27 of the Constitution,which reads all state organs and their functionaries.accept the supervision of the people,and at the same time guarantees citizens’ right to know,it also plays the role of legal education and warning the public.However,in the process of information disclosure of administrative penalty decisions,due to the imperfection of the supporting laws and regulations in China,problems such as unclear information disclosure contents,non-uniform disclosure channels,non-standard disclosure procedures and the failure to effectively protect the legitimate rights of administrative counterparts have occurred,which have affected the normal operation of the system and damaged the legitimate rights and interests of the counterparts.The first paragraph of Article 48 of the Law on Administrative Penalties,as a new article,has been promulgated and implemented since the draft of the Law on Administrative Penalties was put forward.First of all,according to the current legal norms of administrative punishment information disclosure;using the method of empirical analysis,this paper analyzes the typical cases of administrative penalty decision information disclosure.Finally,according to the status quo of legislation and judicial practice of administrative penalty decision disclosure in our country,the paper summarizes the existing problems in substantive law,procedural provisions and supporting relief measures.The main contents of this paper include the concept and value analysis of the disclosure of information on administrative penalty decisions,the disclosure of the elements of the disclosure of information on administrative penalty decisions and the value of the system;the specific analysis of the legislation and judicial practice of the disclosure of information on administrative penalty decisions in our country,the preparation for putting forward and solving the problems;the introduction of the existing problems in the disclosure of information on administrative penalty decisions in our country,mainly including the following three aspects,the imperfection of the provisions on the substantial content of the disclosure of information on administrative penalty decisions in our country;the irregularity of the procedures of information disclosure;and the difficulty of right relief for the false disclosure.Finally,combined with the shortcomings of the information disclosure system of administrative penalty decision in our country,the corresponding countermeasures are put forward.In the aspect of perfecting the substantial content,we should clarify the principle of information disclosure of administrative penalty decision and define the connotation of having certain social influence.In terms of procedural provisions on disclosure,it is imperative to set up pre-hearing procedures for information disclosure,control the time limit for disclosure of administrative penalty decisions,and establish and improve the mechanism for pre-examination and post-supervision of information disclosure of administrative penalty decisions.In terms of the improvement of the supporting relief measures for administrative penalty decisions made by wrongful disclosure,we shall implement the obligation of correction or revocation of wrongful disclosure,institute administrative reconsideration and administrative litigation against wrongful disclosure,implement the accountability system and expand the scope of administrative compensation.Make the administrative penalty decision information disclosure system can better play a positive role in social life.