The Functional Analysis And Control Of Public Warning

"Public warning" is a more little-used words in the Administrative law of China mainland, it refers to the administrative agencies through some positive public information of behavior, to inform the public of the specific enterprise or individual behavior, to remind the public note of potential risks. It has been widely used as a tool because of its low cost and high efficiency. It is concerned with warning the public of a imminent threat to life, but sometimes the behavior is in essence of punishment and plays the role of sanctions. In many cases, public warning has both two functions and it’s hard to distinguish between them.As lack of standards for issuing public warning, there are many problems in practice. Some agencies are not authorized to issue adverse publicity and only have limited procedures protection. During the report process the media always make it more likely that the repot content is different from the announcement. Public may misunderstand or can not realize the truth. All of these may lead to devastating impact on named parties and public trust in government,. So it is necessary to control the use of public warning.Public warning is a part of the open government information, but it is different from the normal disclosure of government information. In the value goal,behavior style,applicable scope, public warning is different from administrative guidance and administrative penalty. It is belong to the administrative factual behaviors, and it is time to enhance legal governance in order to gain justice fulfillment.The main concern of the control can be divided into two parts:internal control and external control. The administrative agencies should make publicity policy to decide whether, when and how administrative information should be publicized. And the procedures for issuing public warning are appropriate and needed. The agency should be authorized explicitly by statute or implicitly by the regulatory scheme; the publicity is necessary to serve a legitimate agency function; there is no less harmful alternative;the information are likely to be accurate.To avoiding the agencies abuse of power to ruin the affected party, it is necessary to allow the party seeking relief through administrative action and state compensation. The media also should pay attention to the accuracy of information, and reduce the harm to the regulated party.