Research On The Publicity Scope And Standards Of Administrative Penalty Decisions

Because of its ability to efficiently and flexibly solve new problems and challenges encountered in administrative management,the disclosure of administrative penalty decisions is widely used by administrative organs in various fields of law enforcement practice.However,due to the complex game between public interests and personal interests behind the disclosure of administrative penalty decisions,the lack of institutional system design and the incompetence of traditional nature doctrine,there are problems of "abuse" and "chaos" in the disclosure of law enforcement practice.Some of them are overly public,infringing on the rights of the opposing party.Some of the disclosure is excessive,infringing on the legitimate rights and interests of the relative;some are not in place,not to play the role of risk warning.Such phenomena have reduced the credibility of administrative law enforcement.Therefore,there is an urgent need to study and regulate the scope and standard of disclosure of administrative punishment decisions.Firstly,literature research method is applied in this study with the intention to summarize the theory and practice on the disclosure of administrative penalty decisions at home and abroad in order to provide reference for the later research,and selects the current situation of the disclosure of administrative penalty decisions in Zhejiang Province as a sample of law enforcement practice to analyze the current situation.The results show that there are dilemmas in law enforcement practice,such as the wide scope of disclosure and the inconsistent standard of disclosure content.Secondly,empirical analysis is used to investigate the causes of the dilemma,the system of administrative penalty decision disclosure,interest weighing,as well as nature doctrine respectively.The results show that the behavior form of administrative penalty decision disclosure,which contains various types of behavior,is very complex,therefore,the concept of either-or thinking in defining the nature should be abandoned,and a typological analysis should be applied.Finally,administrative punishment decisions can be classified into four types according to their functions and positioning: administrative punishment decision disclosure as supervision of administrative organs,administrative punishment decision disclosure as risk warning,administrative punishment decision disclosure as reputation sanction,and administrative punishment decision disclosure as compulsory measures.Based on the functional positioning of the four different types of administrative penalty decisions,the scope of disclosure of administrative penalty decisions is studied on the basis of weighing public and private interests,and it is found that administrative penalty decisions should be disclosed in a measured manner,and corresponding scope definition standards are proposed for different types of disclosure,while cases of disclosure of the four types of administrative penalty decisions are analyzed separately to corroborate the scope definition standards of disclosure Justification.The definition of the scope of disclosure solves the problem of which administrative penalty decisions can be disclosed,and for the problem of what content is disclosed in the administrative penalty decisions.The information in the content of the administrative punishment decision can be divided into the basic information of the identity of the relative,the information of the illegal act and the information of the punishment result.In order to weigh the purpose of the penalty decision disclosure system and the protection of the rights and interests of the parties as the requirements,the characteristics of different types of information are proposed to set the corresponding disclosure standards.