A Research On The Release Requirements Of Adverse Publicity By Administrative Agencies

The complexity and harmfulness of modern risk make it far beyond the scope that individual autonomy can cope with.Hence,it is essential for the government to fulfill the basic rights protection obligations and actively implement risk regulation behaviors,so that the inadequacy of individual risk coping ability can be made up.The reform of administrative tasks will accordingly lead the change of administrative organs'supervision functions,supervision objectives and supervision methods.Moreover,administrative organs are also constantly exploring new ways of risk regulation,apart from adopting the traditional means of supervision.As an Information Tool for administrative organs to regulate market risks,the adverse publicity has been widely used in the fields that have a great impact on public health and life safety in decades,such as food,medicine,cosmetics,medical devices and so on.By releasing risk information,administrative organ can disclose the risks found in the process of market supervision to public and prompt public to avoid choosing products with potential risks.However,the accuracy of the adverse publicity should also be taken into serious consideration.Once the risk information has been released,relevant private subjects will bear the negative consequences such as sales decline and reputation damage.And the administrative organ cannot obj ectively guarantee that its understanding of risks is completely accurate,due to the uncertainty of risks and the limitation of scientific knowledge.If the risk judgment of administrative organ is biased,the profits of private subj ects will suffer losses.Furthermore,if administrative organ is required to identity risk before taking actions,public interest may suffer from more serious and more extensive harm,the consequences of which is what cannot be borne by the administrative organ.Therefore,the adverse publicity can be regarded as one serious risk regulation actions that public interest and private subj ects interest are intertwined deeply.It is particularly essential to make such risk regulation stable and predictable by reasonably constructing the elements of the adverse publicity.The provisions of law on the elements of the adverse publicity are relatively broad.In which,the risk element,which is seen as one of the most substantive elements that has a deeply core impact on whether or not to release risk information,is still stipulated as uncertain legal concept by Law.However,this cannot be directly attributed to the legislators' insufficient legislative level but can be seen as the intention of the legislator.The complexity and uncertainty of risk make it hard for legislators to make detailed regulations in advance.It is essential to extend risk management to the administrative process.And law can not only establish a basic behavioral element framework for administrative organs but also authorizes administrative organs to identify the risk pointedly and comprehensively in practical cases of capable law,so that administrative organs can accordingly make flexible and effective risk management decisions.By combing the administrative norms and conducting a typologically analysis on practical situations,it can be seen that due to broad space where administrative organs can use to define the risk degree from capable law,the expansion tendency of administrative power is likely to result in inappropriate and abused information.Administrative organs may pursue the convenience of supervision while ignoring the negative impact that may lead to relevant private subj ects.Therefore,it is essential to base on the understanding on the demerit of the adverse publicity and then introduce the obj ective element,procedural element and means of control to the existing elements The public interest and private subj ect interests can thus be well balanced meanwhile the administrative power can be well controlled.