On Circular Criticism In Administrative Punishment

Notification of criticism refers to the administrative organs through the written form of violations to be announced to the offender to condemn and admonish,to avoid their recidivism,to achieve the legislative purpose of punitive behavior,the nature of administrative punishment.The specific ways of notification and criticism include public reprimand,administrative "blacklist",the publication of illegal facts.Although there is a big controversy in the academic circles on whether the notification of criticism belongs to administrative punishment,there is no objection from the viewpoint of the actual punishment effect,the notification of criticism belongs to administrative punishment.From the perspective of China's current legislation,there are many laws and regulations on notification and criticism,and its legal nature is not all administrative punishment.Although the notification of criticism as a means of administrative punishment has been included in the "Administrative Punishment Law",but at the legislative level there are no specific provisions on the notification of criticism,in it is difficult for the perpetrator to find the corresponding remedies to relief their legitimate rights and interests after suffering the punishment of notification of criticism,making it difficult for the notification of criticism system to play a real role.Therefore,it is necessary to systematize and improve the system of notification and criticism.This paper is mainly from five parts of the relevant issues of the notification and criticism system,through the study,we can understand the current situation of China's notification and criticism system in theory and practice,and more importantly,it can reflect the shortcomings of China's notification and criticism system.Although the Administrative Punishment Law,which was voted on January 22,2021,incorporates notification criticism into the administrative punishment method,which is a significant legislative progress in administrative legislation,there is no corresponding provision on the concept and extension of notification criticism.The first part is the overview of notice of criticism,which mainly explains the concept of notice of criticism,the nature of notice of criticism,and the comparison with the notice of criticism of non-administrative punishment.The second part is the boundary and competition between notice criticism and warning,which mainly explains the concept and nature of the warning,the competition between notice criticism and warning,and the boundary between notice criticism and warning.The third part is the current situation and problems of notice and criticism,which mainly explains the notice and criticism in cases,the notice and criticism in-laws and regulations,and the existing problems.The fourth part is the specific application of notification and criticism,which mainly explains the public reprimand,administrative "blacklist",and publication of illegal facts.The fifth part is the system construction of notification of criticism,which mainly explains the scope of application of notification of criticism,notification of criticism of the applicable procedures.