行政处罚决定公开制度的问题检视与回应

Review and Response to the Problems of Publicity of Administrative Punishment Decisions

我国多个省市及政府部门制定了行政处罚信息公开的法律文件,为行政处罚决定公开制度运行提供法律依据。通过实践情况发现,行政处罚决定公开的范围难以把握,公开行为可能存在侵犯被处罚人隐私权益、加重对被处罚人的制裁等现实问题。行政处罚决定应遵循以公开为原则,以不公开为例外,“具有一定社会影响”作为限制公开的条件,理解的关键在于违法行为是否具有很强的公共性,涉及公共利益,以行政处罚的种类为标准,对于仅受到警告或者较低数额罚款的处罚决定不予公开,其他则予以公开。向社会公开时应依照法律规定处理好个人及企业信息,才能实现既不侵犯个人隐私,又没有变相加重对被处罚人的制裁,同时还能起到监督行政执法的多重作用。

In China,many provinces and government departments have issued legal documents on the disclosure of administrative penalty information,which has become the legal basis for the operation of the system of disclosure of administrative penalty decisions.It is found that it is difficult to grasp the scope of the publicity of administrative penalty decisions,and the publicity behavior may have realistic problems such as violating the privacy rights and interests of the punished person and increasing the sanctions on the pxinished person.Administrative penalty decisions should follow the principle of openness,with non openness as an exception,and"having a certain social impact" as the condition for limiting openness.The key to understanding is whether the illegal act has a strong public nature and involves public interest.With the type of administrative penalty as the standard,the penalty decisions that are only subject to warnings or low amounts of fines should not be disclosed,and others should be disclosed.When it is disclosed to the public,personal and enterprise information should be handled well according to the law so as to achieve the goal of not violating personal privacy not aggravating the sanctions on the punished person in a disguised form,but also playing multiple roles in supervising administrative law enforcement.