On The Legal Issues Of Administrative Organs Revealing Illegal Information

The publication of illegal information by administrative organs refers to the behavior of the administrative subject to make the illegal information of the relative person produced or obtained in the process of implementing the administrative act public through certain means and platforms.In order to safeguard social public interests and make up for the shortcomings of traditional administrative methods,the publication of illegal information is widely used in various administrative fields.Because the relevant laws and regulations of our country only have general and principled provisions on this act,and the provisions in different fields are homogeneous,it is difficult to really ensure that the publication of illegal information acts will run reasonably in the institutionalized track.As the main body serving the people,the administrative organ should not only ensure the realization of the administrative goal,but also pay attention to the protection of the rights and interests of the opposite party and the public.Based on this,how to regulate the publication of illegal information by administrative organs is a topic worth studying.Firstly,this paper makes a legal analysis of the illegal information published by administrative organs.On the basis of analyzing the connotation and characteristics of publishing illegal information,this paper probes into the legitimacy of publishing illegal information by administrative organs in our country,clarifies the legal attribute of publishing illegal information by administrative organs,differentiates publishing illegal information from related acts,and sorts out the power source of publishing illegal information by administrative organs.Secondly,the current situation of publishing illegal information in the three typical fields of food safety,drug safety and environmental protection is taken as a representative to sort out the legal problems existing in this behavior from point to surface.The study found that the legal problems in the publication of illegal information by administrative organs in our country are mainly manifested in the following seven aspects:the lower level of legal provisions for the publication of illegal information,the unclear content of the publication of illegal information,the insufficient circumstances for the publication of illegal information,the imperfect procedural system,the imperfect relief mechanism,the inadequate implementation of administrative organs' responsibilities,and the imperfect internal and external supervision mechanism for the publication of illegal information.Finally,some suggestions are put forward on standardizing the publication of illegal information by administrative organs.The main manifestations are as follows:first,according to the actual effect of publishing illegal information and the requirements of administrative organs for administration according to law,it is clear that the principle of legal reservation should be followed when publishing illegal information;Second,according to the principle of laws and regulations and the rationality of administrative acts,it is clear that the content of illegal information published in the same field should have certain standards.Third,based on the principle of proportionality in administrative law and the relevant provisions of the "Regulations on the Disclosure of Government Information",a comprehensive analysis is made of various circumstances that should be taken into account when publishing illegal information.Fourth,to carry out procedural regulations on the publication of illegal information from five angles:pre-assessment mechanism,combination of active publication and publication upon application,notification,hearing and time limit.Fifth,improve the relief system for publishing illegal information from three aspects:administrative litigation and administrative reconsideration,change and cancellation of administrative acts,administrative compensation and administrative compensation.Sixth,the accountability system for publishing illegal information should be implemented from the two perspectives of the cause of the error in publishing illegal information and the subject of accountability.Seventh,we will improve the current supervision mechanism for publishing illegal information through the establishment of online platform supervision and the evaluation mechanism for publishing illegal information.