On The Scope Of Disclosure Of Administrative Penalty Decisions

Article 48 of the new "Administrative Penalty Law" stipulates that "the administrative penalty decision with a certain social impact shall be disclosed in accordance with the law",and to a certain extent,the standard of disclosure of administrative punishment decisions is unified.The range is blurred.It is necessary to explain the comprehensive system of Article 48.From the three aspects of nature positioning,the scope of the case,and the scope of content,from the macro to the micro,step by step determine the scope of the disclosure of administrative penalties.The nature of administrative punishment decisions has always been in chaos,and the boundaries of other related behaviors are unclear,and they are often mixed in theory and practice.Therefore,the nature of the nature of administrative penalties is needed to distinguish the difference between the decision of administrative punishment and the disclosure of reputation,administrative forced enforcement,public warning,and general government information disclosure.The administrative penalty decision is publicly used as other acts and is mistakenly used.From this perspective,clarifying its nature positioning also limits the scope of the disclosure of administrative penalties to some extent.The nature positioning is not enough to clear the scope of the case where the administrative penalty decision is made public.The scope of cases that seek public administrative penalties must be found in Article 48 of the New Administrative Penalty Law.According to Article 48,"with a certain social impact" is the scope of the case that the administrative penalty decision is made public.Therefore,it is necessary to use a variety of explanations to perform specific analysis.For the "having" time boundaries,it can be explained from the aspects of literature,logic,or practical operability.It should be restricted before disclosure,not after public.For "certain",the number of regions,number,and degree can be considered.For the connotation of "social influence",we can use literary interpretation,system interpretation,and purpose interpretation.Potential impact.Second,it must involve the public interest and reach the degree of extensive awareness of the public or the need for public participation in decision-making.Third,the public must have greater need for knowledge,and the public administrative penalty decision can achieve supervision of law enforcement.The nature positioning is not enough to clear the scope of the case where the administrative penalty decision is made public.The scope of cases that seek public administrative penalties must be found in Article 48 of the New Administrative Penalty Law.According to Article 48,"with a certain social impact" is the scope of the case that the administrative penalty decision is made public.Therefore,it is necessary to use a variety of explanations to perform specific analysis.For the "having" time boundaries,it can be explained from the aspects of literature,logic,or practical operability.It should be restricted before disclosure,not after public.For "certain",the number of regions,number,and degree can be considered.For the connotation of "social influence",we can use literary interpretation,system interpretation,and purpose interpretation.Potential impact.Second,it must involve the public interest and reach the degree of extensive awareness of the public or the need for public participation in decision-making.Third,the public must have greater need for knowledge,and the public administrative penalty decision can achieve supervision of law enforcement.In terms of specific public content,the interests of all parties need to be analyzed,and the content of the decision of administrative penalties is needed.The content of the administrative penalty decision can be divided into compliance with private interests without compliance with public interest information,in line with public interests without compliance with private interests.At the same time,it is in line with private interests and public interests.Essence Adhering to the principles of public interests are not preferred to private interests,according to different types of content,the impact of publicity on public interests and private interests is measured,and the contents of the decision to decide the administrative penalty decision are determined.Finally,check the proportion principle,and only through the inspection party to make it public,thereby determining the scope of the administrative penalty decision.