Study On The Legal Issues Of Information Disclosure Of Environmental Administrative Penalty Decision

Information disclosure of environmental administrative penalty decision is an important way for environmental protection departments to use negative information such as the result of administrative penalty of the administrative counterpart for administrative management,which integrates multiple values of promoting law enforcement,administrative supervision and strengthening supervision.The evolution of this kind of information disclosure system is generally from extensive to fine,from comprehensive to specialized.In practice,most of the information on the decision of environmental administrative penalty is actively disclosed in the form of a written decision,and the time limit for disclosure is basically consistent with Open Government Information Regulation of the People’s Republic of China and Measures for the Disclosure of Environmental Information(for Trial Implementation).However,due to the low rank of the existing law and regulations,the rough content,the insufficient binding force and the weak operability,the discretion of the environmental protection department responsible for disclosing the relevant information has some deficiencies in the aspects of public content,active disclosure and coordination of rights and obligations due to the lack of effective restrictions.In view of the existing problems,first of all,on the basis of recognizing the characteristics and values of this kind of information disclosure,it is necessary to make clear that it plays different roles in different subjects of legal relations,defining it as a kind of compound administrative behavior with multiple values and functions.Secondly,on the basis of clarifying its character,by expanding doctrine of publicity of administrative penalty and using appropriate interpretation methods to clarify the implementation details,we can improve the operability of existing legal norms.Finally,on the basis of protecting the right to know,the value analysis should be carried out from the perspective of the administrative counterpart and the public,and further clarify the public interest by refining the normative documents to distinguish and deal with the information,improving the network information publicity platform,setting up the hearing procedure etc.,so as to coordinate the potential conflicts among the environmental right to know,the right to privacy and the obligation of information publicity,improving the system construction of information disclosure of environmental administrative penalty decision.