Liability For Public Warning Of Illegal Act

With the advent of a risk society,administrative agency reminds the public to guard against risks by publishing specific people's illegal act or dangerous fact in food safety,product hygiene and other aspects.Because of the principle of trust-protection,the public voluntarily condemn and resist certain people in public warning,and avoid buying or using the merchant's products,which has a greatly negative impact on the merchant,especially the public warning of illegal act.After the dissemination of online media,wrong or improper public warning violates the freedom of business to the third party in administrative,causing losses in various aspects such as declining business turnover,reduced profits,damaged reputation,reduced brand effects,and weakened market development potential.In this case,how to compensate the damaged administrative third party by the administrative agency that issued public warning against the law becomes an urgent problem.Due to the uncertainty of the risk occurrence,it is difficult to ensure the accuracy of public warning content.Compensation liability for violation of law as liability cannot be simply based on the correctness of public warning's content.Liability for compensation should be determined through the principle of liability and constituent elements on the basis of considering the uncertainty of risk and the necessity of issuing behavior.First,the principle of liability.When judging liability,the transgression principle should be the main and the proportionality principle should be the supplement.In the absence of legal regulations,unclear provisions,or unreasonable public warning,the ownership of responsibility is judged according to the principle of proportionality.Second,the constituent elements of liability.Public warning liability for illegal act is divided into four elements,including the subject of the infringement,the illegal act of the post,the fact of damage,and the cause and effect.However,if released under certain conditions,liability can be waived,including restrictions on objective conditions,urgent and dangerous situations with uncertainties marked,personal behavior of civil servants,faults of victims,and faults of third parties such as media and businesses.When conceiving specific compensation standards for public warning's violations,we can start from the following aspects: First,pay attention to the particularity of public warningliability.Public warning is of social public interest and special infringement.In setting compensation standards,it is necessary not only to discourage the enthusiasm of the administrative organs,but also to make up for the losses of the administrative third party appropriately.Second,we should regard relief as the foundation of state compensation and replace the principle of soothing compensation with the principle of compensatory compensation.Third,by expanding the scope of compensation and including indirect losses into the scope of compensation,indirect losses caused by public warnings can be included in administrative compensation.Fourth,determine the amount of compensation in a "typed calculation" model.Because the amount of loss is difficult to quantify and the financial pressure caused by huge losses,the amount of compensation can be determined through a "typed calculation" model.In other words,we can divide the public warning losses into "minor losses","general losses","heavier losses" and "severe losses",and develop specific standard quotas in each category.After taking into consideration factors such as the amount and extent of damage to the victim,the tort,subjective faults and after-the-fact remedies of the infringer,and regional economic level,the referee can determine the degree of damage and the amount of compensation.