Research On The Publicity System Of Administrative Penalty Decision

The public disclosure of administrative penalty decisions is an administrative act in which administrative authorities proactively disclose all or part of the contents of an administrative penalty decision to the general public,in order to enable effective public oversight of the exercise of administrative penalty powers.This practice is an administrative act and is driven by the requirements for information sharing in the context of information and risk societies,as well as the national strategic deployment of building a rule-of-law and transparent government.The system of public disclosure of administrative penalty decisions has gone through three stages: institutional exploration,rapid development,and nationwide establishment.The operation of this system has the triple significance of strengthening supervision,highlighting risks,and providing educational warnings.However,the current system of public disclosure of administrative penalty decisions has not received sufficient attention at the legislative level.Article 48 of the Administrative Penalty Law only makes a declarative statement that "administrative penalty decisions that have a certain social impact should be disclosed in accordance with the law." The relevant provisions of low-level legal norms are also very confusing and difficult to form a unified operating system.Moreover,public disclosure of administrative penalty decisions involves the privacy rights,personal information rights,reputation rights,and other interests of the punished party.Additionally,the use of online media for information dissemination has made the operation of this system controversial due to its rapid and convenient nature.Therefore,it is necessary to systematically sort out and analyze the system of public disclosure of administrative penalty decisions in order to promote its appropriate and orderly operation.Taking into account the current legal norms and the public disclosure status of administrative penalty decisions,the problems with the system can be summarized as follows: The phrase "administrative penalty decisions that have a certain social impact" is semantically unclear,leading to a vague public disclosure standard that is difficult to implement.Inadequate protection of personal information leads to violations of personal information rights.Non-standard disclosure platforms cause confusion with the credit information disclosure system.Unclear disclosure procedures make it difficult to ensure the legitimacy of the public disclosure.The remedial mechanism is inadequate,making it difficult to protect the legitimate rights and interests of those subject to public disclosure.To ensure that the system of public disclosure of administrative penalty decisions can play its due value,and to balance public interests and individual interests,suggestions are proposed to improve the system.These suggestions include: on the basis of compliance with the principles of legality and proportionality,formulate high-level legal norms to refine the open system,further clarify the disclosure standards,and refine the disclosure rules by distinguishing between "response-type disclosure" and "guidance-type disclosure";clarify the rules for the disclosure of personal information and strengthen the protection of the personal information of the parties involved;standardize the open platform and specify that the disclosure should be made on government portals and departmental websites,supplemented by other new media platforms;ensure the legitimacy of the disclosure process by establishing notification procedures,hearing procedures,and time limit rules;and perfect the remedial system by establishing correction and revocation procedures,exploring preventive administrative litigation systems,and broadening the scope of administrative compensation.