Research On The Applicable Rules Of Administrative Penalty-type Notification Of Criticism

The newly revised Administrative Punishment Law in 2021 stipulates that notification of criticism is one of the types of administrative punishment.In the classification of academic theory,the notification of criticism belongs to the reputation punishment of administrative punishment.The specific types of notification of criticism include formal notification criticism,namely "notification of criticism" stipulated in the Administrative Punishment Law,and substantive notification criticism,namely public condemnation and disclosure of illegal facts for the purpose of reputation punishment.The revised Administrative Punishment Law does not specify the specific content of the applicable rules of notification of criticism,and the applicable rules of notification of criticism scattered in other laws and regulations are not unified.It is necessary to sort out the current applicable rules of notification criticism of administrative punishment.The current rules for the application of notification criticism are mainly applicable to legal persons,and the application areas mostly involve social and public interest areas.Notification of criticism is made to the social scope.On the basis of sorting out the applicable rules of the notification of criticism,and combining with the "Traffic violation public apology case","Nongfu Spring arsenic gate" and other incidents,this paper concludes that the main problems of the applicable rules of the notification of criticism are unclear object of application,too wide application field,vague scope of notification,and lack of application procedures.Therefore,it is suggested to define the applicable object of notification of criticism,define the applicable field of circular criticism,determine the scope of time and space of notification of criticism according to the scope of influence of illegal behaviors and the subjective malevolence of administrative counterparts,fill the loopholes in hearing procedures and administrative self-correction of notification of criticism,and realize the detailed construction of applicable rules for penalty-type notification of criticism.