Study On The Application Of Notification Criticism In Administrative Punishment

With the emergence of various new phenomena,new technologies and new governance models,the types of administrative penalties stipulated in the 1996 ’ Administrative Penalty Law ’ have been unprecedented challenges.The increasing contradictions and conflicts between general law and special law,’ extrajudicial acts ’ rampant evasion of legal regulation and other phenomena,resulting in the existing types of administrative punishment difficult.The amendment of the ’Administrative Punishment Act ’ in 2021 added seven types of administrative punishment,such as ’ notifying and criticizing ’,which created a new breakthrough in the types of administrative punishment.As a general type of administrative punishment,notification criticism fills the gap of statutory types.At the same time,it also reflects the mismatch with the administrative penalty rules.From the point of view of the complex law enforcement environment,it is necessary to define the concept of ’ class ’ in the application of notification criticism in administrative punishment.By combing the typical cases of notification criticism in recent ten years in China,and forming a case base,and studying the relevant legal provisions,this paper analyzes the main problems existing in the application of notification criticism in practice,and then puts forward relevant suggestions,aiming at guiding the administrative organs to standardize the application of notification criticism.The first chapter starts with the theoretical analysis of notifying criticism in administrative punishment.clarifying the meaning of notification criticism and comparing its attributes;on the basis of summarizing and defining the types of administrative penalty theories,this paper explains the effective role of notification criticism in identifying administrative penalty.Analysis and demonstration from three aspects to explain the communication criticism is ’ class ’ concept,broaden the administrative punishment behavior,provide a reasonable basis for administrative law enforcement.The second chapter focuses on the substantive content of notification criticism as a “ category ”concept,which includes “ publishing illegal information ”,“ listing in the list of administrative discredit ” and “ public condemnation ”.It compares and analyzes the three behaviors and other behaviors with“ different forms and qualities ”,such as publishing illegal information and publicizing administrative punishment decisions,listing in the list of administrative discredit and judicial discredit and social discredit,public condemnation and public warning,and further clarifies the correlation between these three behaviors and notification criticism,which is another manifestation of notification criticism.The third chapter analyzes the specific problems arising from the application of notification criticism,that is,the juxtaposition of notification criticism and warning shows that the relationship between the two is obscure,there is no uniform standard for the enforcement elements of notification criticism,the implementation of notification criticism is complex,and there is a lack of administrative hearing procedures.These problems need to be solved urgently.The fourth chapter puts forward some suggestions on the application of the standard of notifying criticism in administrative punishment.To clarify the relationship between notification criticism and warning,and to make clear that the application of notification criticism is equivalent to administration according to law and punishment;from the subject,the subjective aspect,the object aspect,the objective aspect and so on four aspects to construct the standard of law enforcement elements of notifying criticism,and put forward relevant suggestions to improve the law enforcement procedure.