Limitations Study Of Disclosure Of Administrative Penalty Decision

With the revised Administrative Punishment Law introduced in 2021,the public system of administrative penalty decisions is added with the scope limit of "having certain social impact" at the legal level,both responded to the request of modern democratic politics makes the whole process of administrative punishment open and realized the particularity of decision of administrative penalty,which reflected the prudent attitude of legislators in publicity of administrative penalty decisions.The public system of administrative penalty decisions have longstanding in practice,a good result was achieved in supervising administrative and guaranteeing citizens’ rights realized of the right to know and the right of supervision.Based on a risk social context,opened administrative penalties decision has played certain function in providing authoritative risk information to citizen and improve citizen’s ability to identify and resistant risk.It is still noteworthy that multiple legal questions remain during the operation of system.For instance,the invasion of the privacy and reputation interest with aggressor improper association with credit punishment and lack of effective relief,and subsequently causing the social living spaces of transgressor was severely compressed,and face difficulties whether in study,at work or in social communication.The reason might be due to the imperfection of legal norms.This is not only seen in the ambiguities of opening standards,but also in the lack of effective relief.At the level of practice,some questions still remain.For example,unclear localization of administrative penalty decision public,evaluating imbalance and irregular operation of the public good and the private benefits.Pursued generalizable public are highly invasion relatives legitimate rights and interests.Therefore,administrative penalty decision public should follow certain limits.Specifically,disentangle function of administrative penalty decision public and positioned it as reinforce supervised and risk aposematic,therefore,administrative penalty decision should not principle by open;administrative punishment decisions are different from general government information,should not open as the principle,open as an exception;definite applicable standards with " A certain social impact";distinguish different subjects which apply different rules;implement the different treatment method in government information disclosure;distinguish administrative penalty decision public from credit correction,providing effective relief mechanisms for relative,which will enhance plausibility and legitimacy of administrative penalty decision public.