A Study On The Application Of Circular Criticism Administrative Pubnishment

Circular criticism has been frequently used in the practice of administrative law enforcement,and its nature has been intensively discussed by the academic community.The promulgation of the new Administrative Punishment Law in July2021 marks that it is officially regarded as a statutory type of administrative punishment.Therefore,by reviewing "the past life and present life" of circular criticism,and deeply summarizing all the disputes in the academic circle about the circular criticism,this paper from the perspective of theory and practice,discusses the application of the circular criticism in an all-round way,in order to provide some reference for the circular criticism.From the practice analysis,a large number of circular criticism focused on the health field and ecological environment field,which is mainly related to epidemic prevention and environmental governance in the past two years.The circular criticism in these two areas reflects some deficiencies in the application of circular criticism by administrative subjects,that is,improper basis of punishment,uncertain scope of notification,fuzzy time limit of punishment,which will bring damage to the rights and interests of administrative counterparts.Theoretically,the connotation and extension of circular criticism have been widely debated.Whether public condemnation,blacklisting and warning are the extension,many scholars have had a heated discussion on this issue.This paper starts from the narrow definition of circular criticism,analyzes its characteristics of externality,punishment,legal sanction and social sanction effect duality,and makes a comparative analysis with warning,public condemnation,blacklisting and other systems which are easy to mix in practice,in order to clarify the differences between them.The application of the circular criticism should first satisfy the constituent elements that should be applied to the punishment of "informing and criticizing",which include four elements,such as illegal behavior,liability ability,subjective fault and harm consequence.Secondly,after judging that the administrative counterpart should be subject to circular criticism,the administrative subject should apply the punishment of circular criticism according to law,so as to ensure that the punishment basis is legal,the punishment subject is appropriate,the content of notification is clear,the method of notification is reasonable,and the scope and time limit of notification are legal.In order to perfect the punishment path of circular criticism,we must first abide by the principle of equal punishment and pursue the balance between public interests and private interests of citizens.Secondly,we should adhere to the principle of due process,procedural justice is the guarantee of substantive justice,and adhere to due process requires the application of ordinary procedures according to law and the improvement of hearing procedures.Thirdly,the scope of notification of punishment for circular criticism can be reasonably determined through online and offline notification.For illegal acts in key areas,the popover mode can also be adopted.Finally,the relief channels and methods should be perfected,and the credit repair method should be adopted.For the administrative counterpart who is wrongly punished,the administrative subject should not only take the initiative to eliminate the impact,but also pay attention to the non-monetary forms of responsibility,according to the demand of the administrative counterpart,make a public apology,and restore the reputation of the administrative counterpart to the greatest extent.