公告违法行为之合理定位

Reasonable Position of Public Announcement of Illegal Act

公告违法行为是行政处罚机关针对违法情节严重而又不改正或停止违法行为所采取的一种行政措施。公告违法行为既不是一种行政处罚 ,也不是对行政处罚的执行 ,还非一般行政信息公开 ,而是强迫行政相对人履行责令停止或改正违法行为义务的一种执行手段。公告违法行为应当以责令停止或改正违法行为决定为前提 ,且要处理好行政效果、公众了解权与行政相对人权益之间的适度关系。应当完善公告违法行为的适用条件及其程序 。

Public announcement of illegal act is an administrative measure employed by administrative punishment agency aiming at those who practice severe illegal acts and refuse to correct or cease their acts. Public announcement of illegal acts, however, is neither administrative punishment and enforcement of administrative punishment, nor is administrative information publicity. It can be an enforcement measure to correct or cease illegal acts of the concerning party, which should be taken as the premise of public announcement of illegal act, and the relationship between administrative effects, the public's knowledge and rights of the administrative parties should be appropriately dealt with. As a result, much improvement should be done as to the application condition and its procedure of public announcement of illegal act, and right to legal remedy should be endowed to administrative parties.