China’s rule of law construction has gone through decades of vicissitudes since the reform and opening up,and from the perspective of development history,it has gone from imperfection to gradual improvement,from learning from other countries to gradually developing a road of socialist rule of law construction that belongs to its own.It is in the context of building a socialist country under the rule of law that the Administrative Punishment Law,which has been in force for more than 20 years,was overhauled in 2021,and the system of disclosure of administrative punishment decisions came into being,which is of great value for supervising the government’s administration according to law and standardizing the administrative behavior of administrative organs.However,in the profound and drastic social changes,the disclosure of administrative punishment decisions,as an innovative form of administrative organs to manage society,has problems of irregularity in both legislation and implementation,so it is necessary to carry out in-depth research on them.This paper takes the administrative punishment information disclosure system established in Article 48 of China’s newly revised Administrative Punishment Law as the main research object,and focuses on several typical administrative punishment decision disclosure cases and academic discussions on the system,and explores the current situation of the system and judicial practice of administrative punishment decision disclosure.The research is mainly carried out from four aspects.The first part,through the analysis of typical cases in practice,preliminarily states the main legal issues that exist in the disclosure of administrative punishment decisions presented by typical cases.The second part explains the relevant basic theories of administrative punishment information disclosure,as well as various research tools,and analyzes the necessity and rationality of administrative punishment information disclosure.The third part provides a specific analysis of many problems arising in the application of administrative punishment information disclosure,including the legislative level and the law enforcement level.The fourth part puts forward some premature suggestions in view of the existing problems in the disclosure of administrative punishment information,including connecting public law and private law on the disclosure of administrative punishment information at the legislative level,interpreting the basic provisions of the system to avoid unnecessary ambiguity,and complying with the "principle of non-punishment in one case" and the "principle of proportionality" of administrative law in implementation,and providing equal protection for the public interest and private interests. |