Research On The Disclosure System Of Administrative Penalty Decision

Under the multiple background of the coming of the risk society and the information society,the frequent disordered public behavior in practice and the promulgation of the public system of administrative law enforcement,the public system of administrative penalty decision rises to the general part of the Law of Administrative Punishment.From the perspective of its legislative evolution,the disclosure of administrative penalty decision is not a new issue.Before it is raised to the general section of the Administrative Penalty Law,the administrative law and the local government have carried out long-term system exploration and practice.In the early stage of system construction,the disclosure of administrative penalty decision inevitably has system defects.In terms of the scope of disclosure,the word "having certain social influence" is ambiguous and lacks clear definition standard.In terms of disclosure content,the information scope of disclosure content of punishment decision is not consistent in legislation and local practice,and there exists the phenomenon of "same case,different judgment".In terms of the legal basis of "according to law",the legal basis has different levels,and the applicable norms are not clear and comprehensive.In terms of relief methods,most of the limited relief rights enjoyed by administrative counterparts are in a passive state and cannot fully meet the needs of relief.At present,the relevant legal documents of the administrative penalty decision disclosure system are increasing,and the legal rank is gradually increasing.Its development trend is increasingly good,and it will become an important law enforcement means of administrative law enforcement in the future.Therefore,it is imperative to optimize the administrative penalty decision disclosure system and fill the system defects.In the process of constructing the system of disclosing administrative penalty decision in the future,it is necessary to grasp the legal basis and the real legislative purpose of the system,so as to optimize the basic direction of the system.In terms of the scope of disclosure,three defining criteria of "having certain social influence" are defined from the three dimensions of "subject,behavior and result"--profit and loss standard,behavior standard and scope standard of beneficiary subject.In terms of the disclosure content,distinguish the content of the disclosure of administrative penalty information between natural persons and enterprises;In terms of the source range of the "according to law" law,it advocates the formulation of the supporting legal norms for the disclosure of the newly enacted administrative punishment decisions.In terms of relief measures,the review mechanism,notification procedure and preventive administrative litigation system should be set up before disclosure,and the right to file administrative litigation and administrative reconsideration should be granted after disclosure,and the loss of right of privacy and reputation should be included in the scope of state compensation.