| In 2021,the system of publicizing administrative punishment decisions was officially written into the Administrative Punishment Law.On the one hand,this reflects the legislator’s recognition of the value of the system in promoting the construction of the Rule of Law Government,responding to social challenges of risk,and educating the public to abide by the law.However,on the other hand,in the process of promoting the publicity of administrative punishment decisions,administrative organs have a tendency to overly strengthen the value of deterrence and lack the interest measurement,thus continuously eroding the rights and interests of personal information.Therefore,on the basis of clarifying the basic concept,how to balance the public interest and the personal information interests are an urgent problem to be solved.By reviewing the normative and practical status of the publicity of administrative punishment decisions,it can be found that the main dilemmas are imperfect physical structure,irregular procedural mechanism and poor relief path.In this regard,it can be solved from three levels of entity protection,procedural protection and remedy mechanism.Firstly,in terms of physical protection,the core of which is to solve the problem of whether to be publicized or not and the amount of publicity,the "certain social impact" can be framed through the triple standards of penalty intensity,social harm and social field.By classifying general personal information and sensitive personal information,typified differential protection can be established,and the boundary of administrative agencies’ performance of their statutory duties can be set according to the principle of proportionality.Secondly,in terms of procedural protection,for general personal information,administrative organs should fully perform the general obligation to inform,protect the right of the relative to make statements and arguments,set a unified way of information publicity,and appropriately design the time limit and period of publicity.For sensitive personal information,the administrative organs should fulfill the obligation of full notification and separate consent,set up a public buffer mechanism,and a system of immediate suspension of execution by filing legal remedies is established.Thirdly,in terms of remedy mechanism,administrative organs should take the initiative to repair the disclosed personal information in a timely manner,and fully guarantee the right of correction and deletion of the individual.At the same time,the construction of preventive administrative litigation system can be strengthened and the efficacy of administrative public interest litigation can be given full play,so as to strengthen the relief efforts in both subjective and objective aspects. |
