A Study On The Legal Issues Of Administrative Illegal Facts Publicity

As a new type of administrative measures to ensure that administrative effectiveness, administrative illegal facts publicity has been practiced into the areas of the food safety, product quality, environmental protection and financial regulation and so on. Under the influence of background of information disclosure and some other multiple social factors, the executive innovate administrative enforcement measures to ease the contradiction between the diversity of the administrative tasks and the limited administrative resources. The administrative illegal facts publicity is the product of administrative innovation. The administrative illegal facts publicity plays an important role in improving administrative efficiency, saving administrative costs and ensuring administrative effectiveness. But as an administrative act what is not typed, there are many problems in legality and legitimacy and so on. In view of the fact that the administrative illegal facts publicity may violate the rights of administrative counterpart, it is very important to control the administrative illegal facts publicity from the three aspects of legislation; procedures and relief to maintain social order while fully respect the legitimate interests of administrative relative person. It can also minimize the negative effects.The first part is an overview of the administrative illegal facts publicity. In this part, it makes a comparative analysis between the administrative illegal facts publicity and public warning, administrative enforcement, administrative penalties, government information publicity to introduce the connotations and character of the administrative illegal facts publicity. It also introduces domestic and foreign research status about the administrative illegal facts publicity, aiming to pave the way for the following expansion.The second part introduces the background and reasons of the administrative illegal facts publicity. This part includes three aspects:social background, intrinsic motivation and culture foundation.The contradiction between diversity of the administrative tasks and the limited administrative means is its social background. Its intrinsic motivation is improving administrative efficiency and reducing administrative costs. Its culture foundation is the influence of traditional shame sense culture.The third part is the key part of the paper. It makes a general legal analysis of legal reservation principle, principle of proportionality and procedural proper principle. Then it makes a detailed analysis of the legality and rationality of the administrative illegal facts publicity, combined with the case of Huang Haibo Whoring.The fourth part introduces the legal regulation means of he administrative illegal facts publicity from three aspects, which includes legislative regulation, procedure control and relief system.