Reflection And Construction Of The Public Discretion System Of Administrative Penalty Decision

As one of the contents of modern rule of law government construction,the disclosure of administrative punishment decision is not only an important part of the administrative punishment system,but also an important part of government information disclosure.When deciding whether to make the punishment public,the administrative organ must make a discretionary judgment on whether to make it public,the scope of the public content and the way to make it public,and at the same time,it needs to comply with the Regulations on the Disclosure of Government Information and the relevant provisions of the Administrative Punishment Law,and take into account the maintenance of public interests and the protection of the privacy rights and interests of administrative relatives while protecting the public’s right to know and the right to supervision,so as to achieve a balanced discretion.The public discretionary system of administrative punishment decision is a necessary medium to communicate between the regulations of administrative punishment decision and the concrete facts of the case.The construction of a reasonable public discretionary system of administrative punishment decision is not only conducive to the standardization and control of the exercise of discretionary power,but also to the positive utility of the public decision of administrative punishment.However,in practice,due to the chaotic functional positioning of the administrative penalty decision disclosure system,the excessive discretionary power of administrative subjects,and the non-uniform application standards of the administrative penalty decision disclosure discretionary system,there are unclear definitions of the scope and content of administrative penalty decision disclosure,the conflict between the protection of personal information rights and interests and the right to know,the vague interpretation of uncertain legal concepts,and the administrative penalty decision disclosure discretionary system.There are problems such as irregularities in the discretionary procedures.Therefore,it is necessary to reflect on the shortcomings of legislation,application of law enforcement and procedural settings in the process of public discretion of administrative penalty decisions based on the legislative purpose and the principle of lawfulness and fairness,and to reflect on and construct the system of public discretion of administrative penalty decisions in terms of the normative basis,application rules and diversified remedies,in order to sanction administrative counterparties,protect the public’s right to know and safeguard public interests.The purpose is to sanction administrative counterparties,protect the public’s right to know,and safeguard public interests.