Research On The Disclosure Of Administrative Punishment Information

As a new type of administrative management,administrative punishment information is widely used in securities management,road traffic management,environmental protection,food and drug safety,etc.,and its diversified regulatory functions and management models are favored by administrative agencies.The administrative punishment information is based on the public’s right to know,using the reputation mechanism and the “shame culture” to efficiently accomplish specific administrative tasks,and alleviating the conflict between the complicated administrative tasks and the scarce administrative resources in the current administrative practice..However,under the current system,there is a lack of corresponding laws and regulations governing the scope of exercise of administrative organs’ powers,and the disclosure of administrative punishment information is also faced with the dilemma that is difficult to define.The administrative management field and the local normative documents have different system design for the disclosure of administrative punishment information.It is difficult to form a unified system.When the individual rights are violated,there is also a lack of alternative relief paths.Therefore,administrative punishment will inevitably occur.The abuse of information disclosure in the public content and scope causes damage to the rights and interests of the relative.The first part of this paper is based on the background of the transformation of administrative functions,and explores the logic of generating the system of administrative punishment information disclosure from the perspective of public interest protection,social credit management system construction and honest society construction.The second part expounds the contradiction between the definition of the administrative punishment information disclosure and the diversification of the regulation purpose under the traditional administrative behavior theory,highlighting that the administrative behavior theory has been stretched in the definition of the nature of administrative punishment information disclosure,trying to pass The legal relationship theory re-examines the disclosure of administrative punishment information.According to the standard of public effect,it is divided into the disclosure of punishment information based on the supervision of supervision rights,the disclosure of punishment information based on public warning,the disclosure of punishment information based on information punishment and the disclosure of punishment information based on social credit information collection.Penalty information disclosurebased on supervision rights,public warnings,and social credit information management shall be recognized as factual acts for purposes that do not have legal binding force,and penalties for information disclosure based on information punishment may be achieved by means of derogating the relative reputation of the person.The purpose of disciplinary or compulsory shall be deemed to be of a nature of administrative conduct.The third part is based on the analysis of the current norms and the analysis of the conflicts of rights conflicts in the practice of administrative punishment information disclosure,and responds to the challenge of “no more penalty” conflicts and rights conflicts raised in practice,from the two aspects of legal norms and practice dilemmas.Discuss the legitimacy of the disclosure of administrative punishment information.The fourth part is based on the definition of the nature of administrative punishment information,and designs the system elements such as the public content,open channels and time limits in the system construction,with a view to establishing a unified and perfect administrative punishment information disclosure system.The fifth part realizes the relief and guarantee of the relative rights and interests through the conception of the ex ante relief and the forgotten rights relief system for the disclosure of administrative punishment information.