A Study Of The Legal Limits Of The Administrative Penalty Of "Informing And Criticizing"

Informed criticism,which has the nature of administrative punishment,has been stipulated in general laws,administrative regulations,departmental rules and local laws.The new Administrative Punishment Law was promulgated on July 15 th,2021,adding the category of "informed criticism" punishment,which is tied with "warning".The new administrative punishment law specifically stipulates the types of "informed criticism" punishment,which is not only a legislative restatement,but also to further standardize the administrative punishment behavior of "informed criticism".Although the new administrative punishment law juxtaposes "informed criticism" and "warning" as the lightest administrative punishment,we should still distinguish "informed criticism" from "warning"."informed criticism" not only brings reputation loss to the administrative punished person,but also may bring substantial social sanctions.The direct or indirect losses of such social sanctions may be incalculable,and it is very likely that the penalty will be greater than the penalty and infringe on the legitimate rights and interests of the administrative punished person.Therefore,as a kind of special administrative punishment,informed criticism still has a large research space for its standardized approach.It is necessary to deter the corresponding administrative violations and establish government authority;It is also necessary to ensure that the penalty is excessive,does not harm the legitimate interests of the administrative penalty,and can realize the purpose of rehabilitation of the administrative penalty,so it is urgent to study the enforcement limit of administrative penalty.The research of this paper is mainly carried out from four aspects.The first part,through the analysis of typical cases in practice,preliminarily states the legal problems of "informed criticism" in practice.The second part explains the basic theory of "informed criticism" and explains various conceptual tools for analyzing problems.The third part,the specific analysis of many problems in the application of "informed criticism" punishment method,including the legislative level and law enforcement level.The fourth part,in view of the problems existing in informed criticism,puts forward some immature suggestions,including refinement of law enforcement norms and standards,improvement of relief channels,and avoidance of formal and substantive violations in the process of law enforcement.