论行政处罚决定公开的利益权衡——从与刑事制裁公开的对比角度

On the Balance of Interests in Disclosure of Administrative Punishment Decisions:Based on the Comparison with the Disclosure of Criminal Punishments

行政处罚决定公开与否的背后涉及公共利益与个人利益之间的权衡。虽然刑事制裁的公开亦有其公私利益的考量,但行政处罚决定公开对政治利益和社会利益等公共利益的保障不及刑事制裁,程序性要求相较于刑事诉讼较为宽松,但行政处罚的公开一样会对相对人的人格尊严等个人利益带来影响,甚至造成严重损害。衡量处罚决定公开的公私利益,其所据以增进的公共利益通常小于贬损的个人利益,从行政处罚涉及的公私利益权衡的角度,理论上应以不公开为原则、公开为例外;同时,对于某些社会影响较大的、具有社会警示作用的行政处罚,从维护社会公共利益角度进行必要的公开,以实现公共利益与个人之间利益的最佳平衡。

The balance between public interests and personal interests is involved behind the disclosure of administrative punishments or not.Although the disclosure of criminal punishments has its balance between public and individual interests,the disclosure of administrative punishments can protect less public interests such as political and social interests and procedural interests than it.However,the disclosure of administrative punishments can affect personal dignity and other individual interests of the counterparty,and even cause serious damages.The public interests that disclosure of administrative punishment promotes is usually less than the individual interests that it reduces.Theoretically,non-disclosure should be the principle and disclosure should be the exception on the administrative punishment,from the perspective of the balance of public and private interests.Meanwhile,it is necessary to disclose the punishment that has social warning effects and typical significance from the perspective of safeguarding public interests in order to achieve the optimal balance between the interests of public and individual.