A Study On Adverse Publicity In The Context Of Administrative Penalty

Administrative authorities now issue more adverse publicity than before. While adverse publicity is controversial. In the context of China’s administrative law, adverse publicity can be considered as sanction, administrative enforcement, compulsory measure, government information disclosure and so on. Since different kinds of adverse publicity need to get different statutory authorities and follow different procedures, it is significant to find out the nature of every single adverse publicity. This article selects one of these aspects, to see whether adverse publicity can be used as administrative punishment, and how to make a better regulation.This Article discusses in four parts. Part I describes adverse publicity in the legal text and administrative practice. Part II demonstrates in a general way that adverse publicity pursuing the legal effect of punishment can be regarded as administrative punishment. Part III describes the characteristic of adverse publicity at the micro-level. Part IV then discusses how to regulate adverse publicity which used as administrative punishment.The main point of this article is that administrative authorities should use adverse publicity to punish administrative counterpart as few as possible.