Study On The Scope Of Disclosure Of Administrative Penalty Decisions

As one of the important achievements of the reform and development of the administrative penalty system,the disclosure of administrative penalty decisions can undoubtedly play a role in promoting standardized law enforcement,sunshine law enforcement,play the role of education and warning to prevent and reduce illegal behavior.After the amendment of the new law added the disclosure of administrative penalty decisions,the understanding and application of this system is the problem we must face.Different from the general administrative legal relationship in which only the administrative subject and the administrative counterpart exist,the participation of the public makes the three subjects of the administrative subject,the relative and the public form a multilateral relationship in the disclosure of administrative punishment decision.The decision of administrative punishment conforms to the requirement of government information and belongs to the government information that should be disclosed.Further,from the perspective of administrative organs and the public,the disclosure of administrative punishment decision is an act of administrative organs providing punishment information to the public,which should be recognized as an administrative fact act.As far as the administrative organ and the administrative counterpart are concerned,the administrative organ has no intention to regulate the administrative counterpart by announcing the decision of administrative punishment to the public.Even though it may have some impact on the administrative counterpart in fact,it cannot be regarded as a specific administrative act in this dimension,but an administrative factual act.On the basis of identifying the disclosure of administrative penalty decisions as the act of administrative fact,in order to prevent the alienation of its nature,the decision of administrative punishment should not be given the function of sanction except to protect the right of citizens to know,the right of supervision and to play the role of public warning.How to understand Article 48 of the Administrative Punishment Law is the focus that needs to be paid attention to after the revision of the law.We need to put the disclosure system of administrative punishment decision under the dual dimensions of the Administrative Punishment Law and the Regulations on the Disclosure of Government Information,and make a proper interpretation of it by means of systematic interpretation.First of all,"administrative punishment decisions with certain social influence should be made public",which clarifies and strengthens the statutory responsibilities and scope of administrative organs to actively disclose administrative punishment decisions.At the same time,this provision cannot deduce the conclusion that "administrative punishment decisions without certain social influence cannot be disclosed".According to the principle of punishment disclosure and the legislative purpose of fully guaranteeing citizens’ right to government information,other administrative punishment decisions can also be disclosed according to law.Secondly,whether it has certain social influence or not,the disclosure of administrative punishment decision is bound by the rules of blocking but disclosing.Among them,state secrets and "three security and one stability" information are the absolute non-disclosure reasons for administrative punishment decision,while personal privacy and commercial secrets are the relatively non-disclosure reasons for administrative punishment decision.