On The Rule Of Law Improvement Of Reputation Sanctions In Administrative Punishments In China

With the development of information society,the application scope of reputation sanctions is increasingly extensive.In recent years,the application frequency of reputation sanctions represented by the newly established "notification and criticism" in the Administrative Punishment Law of the People’s Republic of China has increased geometrically,which not only meets the needs of the construction of social credit system,but also indeed plays a good normative role in law enforcement.However,with the implementation of the system,there are also problems such as violation of the law of supremacy,violation of citizens’ privacy and confusion in the application of law.In the face of various doubts about the safety of citizens’ property,personal dignity and the credibility of the government,it is enough to make us reflect on the legal perfection of the current "reputation sanctions".After decades of development,the provisions of reputation sanctions are scattered in various departmental laws.According to the innovative research ideas of Max Webb,this article is divided into three common forms of notification criticism,public condemnation and inclusion in the list of trust-breaking.According to its internal structure and external effects,we explore the differences among the three and analyze their different functional positioning and sanction logic,so as to lay a foundation for correcting the wrong understanding of reputation sanctions,establishing correct applicable procedures and ensuring the relief channels of the parties.Finally,based on the doubts in the practice of reputation sanctions and combined with its own value pursuit and the enlightenment of external reputation sanctions,the solution is proposed.Firstly,in the aspect of legislation,by improving the relevant provisions of the Administrative Punishment Law of the People’s Republic of China and the Personal Information Protection Law of the People’s Republic of China,the punishment scope and remedy approach of the reputation sanctions are clarified.Thirdly,in the judicial aspect,we should strengthen the protection of the reputation included in the list system of persons subject to enforcement for trust-breaking,and give the persons subject to enforcement opportunities to safeguard their rights and interests and reform.Finally,it is proposed to improve the relevant supporting measures from the protection mechanism of personal information and the responsibility mechanism of the reputation sanction platform,which is of great significance for effectively protecting the legitimate rights and interests of the sanctioned,realizing the standardization of implementation and helping the construction of social credit system.