Interpretation and Construction of the System for Publicizing Administrative Penalty Decisions
The revised Article 48 of the Administrative Penalty Law in 2021 limits the relative openness of administrative penalty decisions to"have a certain social impact".Its legislative purpose is to supervise law enforcement and risk warning.However,with the exercise of discretionary power of administrative punishment,the function of publicizing administrative penalty decisions has gradually been transformed into"humiliating"sanctions.The change in the function has led to a reflection on the system itself,but the concept of"having a certain social impact"has not been clearly defined in legal norms.However,the determination of"having a certain social impact"should be comprehensively judged based on multiple indicators such as the subject standard for distinguishing the social identity of the punished objects,the domain standard for the infringement scope of illegal behavior,and the state standard for the form of social impact.Therefore,the carrier of the disclosure should be mainly Internet disclosure,supplemented by paper disclosure,and the copying,reprinting,screenshots,and comments on the network platform should be limited;The content of the decision should be disclosed anonymously and prominently to natural persons and enterprises respectively,and sensitive information should be deidentified;The start time and duration of the disclosure should also be differentiated according to different situations,objects,and characteristics.
openness of administrative penalty decisionsreputation sanctionsgraded disclosureprinciple of equivalent punishment
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