Research On The Positioning And Regulation Of Illegal Information Administrative Announcement

The modern society is the information society,the development of the information society not only penetrated into all areas of people’s lives,radiation to the administrative organ of the administrative law enforcement activities,the use of information resources,as a new type of information regulation tools in the administrative law enforcement,illegal administrative information announcement came into being.As a flexible administrative mode,the announcement of illegal information administration is different from the traditional administrative regulation means,including the three party body of the administrative organ,the public and the opposite party of the announcement information,and has double attributes of service administration and regulatory administration.The relationship between the administrative organs and the public,reflect the service side of administrative agencies to use more,the dissemination of information to provide information service for the public,protect the public’s right to know,to safeguard public interests;in the administrative organ and the relative person relations,is the embodiment of the side of administrative regulation,through the illegal information announcement,leading to the relative lower social evaluation,interests,produce effect of regulation.Due to the obvious effectiveness of illegal information administrative bulletin in practice,it is frequently applied to areas closely related to public interest,such as environmental protection,food safety,product quality,securities and so on.I Ancient Chinese Literature Search research for the illegal information administration announcement is not mature,is still controversial in many problems on time,and for the illegal administrative behavior information announcement does not have a special law on the regulation of information tools law provisions scattered in the "environmental protection law" "product quality law" and "food safety law" the "Securities Law" and other legal norms,the law stipulates that the crude,confusion;illegal information administrative notice in practice is not satisfactory,exposed the main confusion,such as announcement organs ignoring procedures,violations of human rights and other legitimate phase;in the judicial field also exists in qualitative and not a decision of the court the problem.Illegal administrative announcement in response to the information needs of the risk society in our country,environmental pollution,product quality,food safety problems occur frequently in the background,using the traditional means of administrative law enforcement seems weak,illegal information administrative notice in practice highlights the effectiveness of the use of,let the public for illegal activities related to the public interest against a more firm,for administrative law enforcement effectiveness in a more confident.Under this background,the author intends to study the illegal administrative information announcement as information regulation tools,combining theoretical research and empirical analysis,two pronged approach,aiming at some key problems of academic dispute over the analysis demonstrates that the views of the author;for the exposure of the text of the law and practice problems in the design of regulation,and strive to the illegal administrative information bulletin on the orbit of the legal system.The article is divided into the following three parts to discuss:The first part is to analyze the basic theory of illegal information administrative announcement,and this part is the basis and source of the article.First,aiming at the different definition of the name of illegal information administrative bulletin,based on the comparative analysis of different names,the name of illegal information administrative announcement is put forward.Secondly,the connotation of administrative illegal information announcement re expression,fusion of other scholars,combined with the author’s views on this issue,the connotation of illegal information administrative announcement made accurate statements,and according to the announcement of the content,subject,object,purpose,we carry out in-depth analysis.The nature of academic controversy of the inevitable,in view of the administrative legal act,administrative fact behavior,the type of said ",the author tries to a situation of tripartite confrontation",the two kinds of theories of integration,complement each other,demonstrating of administrative fact behavior,and then analysis of the nature and administrative punishment,administrative enforcement and other specific administrative behavior.Finally,we analyze the rights and interests conflicts existing in the application of illegal information administrative announcements,and summarize the two obvious conflicts,namely the conflict between administrative efficiency and rights and interests protection,the conflict between public’s right to know and personal privacy.There is a conflict of rights and interests in any system,and the existence of conflict of interests cannot be the standard to measure the quality of the system.The second part: the illegal information administrative notice of the text of the law and practice investigation,first in administrative law involving illegal information bulletin summary,analysis of key words exist in legal texts vague and lack of maneuverability,procedural rules,lack of accountability of the lack of problems;secondly with typical in practice,the specific events,summed up the existence of illegal administrative information notice the main confusion,ignoring the announcement procedures,violations of the legitimate rights of other relative people;finally with the help of three typical cases in the judicial cognizance,analysis of different and the decision made by the courts,demonstrates the problems in the judicial practice.The third part: the second part of the study of the legal text and the practical use of illegal information administrative notice,exposed the defects and the legal text of the messy reality of many problems,but if there are ignored to allow these problems,so this new information regulation tools can continue to survive is a problem.In order to solve the above problems,it is necessary to make necessary legal regulations to make the illegal information administrative announcement on the track of legal system.First clear the illegal information administrative notice in the application should follow the principle of practice,the principle of act can not go wrong direction;secondly,the procedural regulation,introducing the reasons the system,relative objection system,time limit system,fill the lack of procedure;finally,according to the law the humble and confusion,the second the legal text fixes and gaps.