论制裁性意义上的违法信息公布.pdfVIP

Abstract Administrative authorities now issue more adverse publicity than before. While adverse publicity is controversial. In the context of Chinas administrative law, adverse publicity can be considered as sanction, administrative enforcement, compulsory measure, government information disclosure and so on. Since different kinds of adverse publicity need to get different statutory authorities and follow different procedures, it is significant to find out the nature of every single adverse publicity. This article selects one of these aspects, to see whether adverse publicity can be used as administrative punishment, and how to make a better regulation. This Article discusses in four parts. Part I describes adverse publicity in the legal text and administrative practice. Part II demonstrates in a general way that adverse publicity pursuing the legal effect of punishment can be regarded as administrative punishment. Part III describes the characteristic of adverse publicity at the micro-level. Part IV then discusses how to regulate adverse publicity which used as administrative punishment. The main point of this article is that administrative authorities should use adverse publicity to punish administrative counterpart as few as possible. Key words: adverse publicity ；sanctions ；other administrative punishment ； punishment through information 2 目 录 引 言 1 （一）问题的提出 1 （二）研究的理论意义和实践意义2 （三）文献综述3 （四）论文研究的重点、难点、创新点及写作方法6 一、违法信息公布的现状 7 （一）违法信息公布的概念限定7 （二）法律文本中的违法信息公布8 （三）行政实践中的违法信息公布 11 二、制裁性意义上的违法信息公布的正当性 12 （一）假设的提出 13 （二）论证之一：法理论分析 13 （三）论证之二：基于《行政处罚法》文本的法规范分析21