Definition Of The Scope Of Public Disclosure Of Administrative Penalty Decisions

Article 48 of the new administrative punishment law of the People’s Republic of China clarifies the scope of publicity of administrative punishment decisions to the extent of“Having certain social impact”.However,there are still some disputes about what it means to have certain social influence.Judging from the judicial practice,the executive branch’s discretion to decide on public punishment is too large,and the decision on public punishment is easy to be abused to harm the rights and interests of the relative party.The essence of the confusion in the definition of“Certain social influence” is the existence of cognitive differences.On the one hand,there are cognitive differences between“Certain social influence” and legal factors,on the other hand,there are also cognitive differences in value measurement in the process of penalty decision disclosure.Cognitive Science,on the other hand,focuses on how people perform a wide variety of mental tasks.It also explains where the mind fails to make poor decisions,known as cognitive biases.Therefore,we can use the theory of cognitive science to analyze the cognitive bias in the definition of“Certain social influence”.This paper links the theory of cognitive science with the definition of“Certain social impact”,and observes the causes behind the cognitive differences of“Certain social impact”.The link difference of“Certain social influence” is caused by the cognitive bias of law enforcers,and the lack of value measurement in“Certain social influence” is caused by the premature cognitive closure of law enforcers.In order to solve the cognitive difference of“Certain social influence”,we can build the procedure of defining“Certain social influence” according to the development stage of cognitive science.First of all,through the empirical analysis of judicial cases and typological methods to clarify the“Certain social impact” of the link of legal factors;The principle of proportion is used to analyze the joint representation of“Certain social influence”.Finally,through the application of the“Certain social impact” procedure to define the scope of the public punishment decision.