Research On Legal Issues Of Administrative Notice Of Illegal Information

As a new type of social governance,the administrative notice of illegal information is frequently used in administrative law enforcement practice,especially in the fields of food safety,product quality,environmental protection,and financial supervision.By means of the publication of illegal information,the purpose of prompting risks,preventing risks and regulating illegality is effectively solved,and the contradiction between the diversification of administrative tasks and the limitation of administrative means is effectively solved,and the administrative organs are improved in the context of modern task changes.need.However,as a new means of social governance,the dislocation of the theoretical research and practice development of illegal information administrative announcements has led to a chaotic pattern of practice,and frequent occurrences of various infringements have made the theoretical and judicial practice circles have to start thinking about how to Realize the rule of law development of administrative notices of illegal information.This paper starts with the existing problems of administrative information disclosure of illegal information,and then carries out the analysis of the legitimacy and legal attributes of the administrative announcement of illegal information,and finally proposes specific legal regulation methods.The first part of this paper mainly starts from the reality and predicament of the illegal information administrative announcement,and elaborates on the defects of the existing legal system of illegal information administrative announcement,the lack of procedural regulation and the lack of relief protection,etc.The text of the law is summarized and analyzed,which sets realistic requirements for the construction of specific legal regulations.The second part of the thesis mainly focuses on the justification of the illegal information administrative announcement,from the perspective of the protection of citizens' right to know,information sharing and reform of law enforcement methods,in order to prove the rationality of the illegal information administrative announcement,the response part Scholars question the validity of their existence.The third part of the thesis is the focus of thesis writing,and it is also the innovation point of the thesis.For the disputes on the legal attributes of the administrative information of illegal information,the traditional "one size fits all" research method is abandoned,and the administrative information of illegal information is announced according to the "two-step" method.The nature of the definition,the first step,from the perspective of administrative legal relationship,the internal analysis of the nature of the administrative information of illegal information: the administrative body and the administrative counterpart of the announced illegal information are characterized as administrative legal acts,will be administrative The behavior between the subject and the public is characterized as administrative facts;the second step is to classify the two different administrative behaviors based on the internal structure analysis,which are divided into: reputation penalty,administrative enforcement and public warning.The results of administrative punishment are disclosed in four types.The definition method of this nature has broken through the previous definition of the simplification of nature,and finally realized the reasonable definition of the nature of the administrative announcement of illegal information,paving the way for the following specific legal regulations.The fourth part of this paper mainly proposes specific regulation methods for the existing problems of the first part,and perfects the legal control of the administrative announcement of illegal information from the perspectives of legislation,procedure and relief.As an administrative law enforcement means with "sanctional significance",the administrative notice of illegal information firstly applies the law retention principle and strictly controls the standard and content of the announcement,and the administrative agency Strict prior evaluation and review should be conducted prior to the announcement and reasonable time limits should be followed.Finally,in terms of relief,the relief measures surrounding the administrative announcement of illegal information mainly include: administrative relief,administrative litigation and administrative compensation,and explore the establishment of a preventive administrative litigation mechanism to provide diversification for the improvement of the administrative law of illegal information.select.The fifth part of this paper is mainly about the expectation of the future development of the illegal information administrative announcement,and the improvement of the legal regulation of the illegal information administrative announcement as an important focus of the future development of the illegal information administrative announcement,and seeks to violate the law on the basis of perfecting the legal regulation.The administrative announcement of information has a longer-term development.