行政处罚决定公开的界限及规制

Boundary and Regulation of the Disclosure of Administrative Punishment Decisions

摘要: 《行政处罚法》修订后新增的“行政处罚决定公开”制度，将原本规定于特殊行业领域的违法行为公示制度抽象化、一般化，上升为行政机关的执法权力之一。这一举措无疑对扩大公众监管范围，增强政府透明度起到了正面作用。但同时，法律条文的概括性和模糊性也可能会导致行政机关滥用自由裁量权，侵犯相对人权益。因此，明确行政处罚决定公开的界限并对其进行规制，是十分重要的。对此，笔者先于理论层面论述规制行政处罚决定公开的理论基础，明确行政处罚决定公开的界限，提出“界限规制理论”；再从实践层面将“界限规制理论”运用于行政机关的执法程序中，以期让行政处罚决定公开制度能够规范化运行。

Abstract: After the revision of the Administrative Punishment Law, the newly added “administrative penalty decision publicity” system abstracts and generalizes the illegal act publicity system originally stipulated in the special industry field, and increases it to one of the law enforcement powers of the administrative organ. This measure has undoubtedly played a positive role in expanding the scope of public supervision and enhancing government transparency. At the same time, however, the generality and ambiguity of the legal provisions may also lead to the abuse of discretion by the administrative organs and the infringement of the rights and interests of the opposite party. Therefore, it is self-evident that it is important to clarify the boundaries of the publicity of administrative penalty decisions and regulate them. In this regard, the author firstly discusses the theoretical basis for regulating the disclosure of administrative penalty decisions at the theoretical level, clarifies the boundaries of the disclosure of administrative penalty decisions, and proposes the “boundary regulation theory”; then applies the “boundary regulation theory” to the law enforcement procedures of administrative organs at the practical level The aim is to standardise the operation of the system of disclosure of administrative penalty decisions.