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Regulation of Public Administrative Punishment Decisions from a Teleological Perspective

Chen Wang

2024 · DOI: 10.23977/law.2024.030413
Science of Law Journal · 0 Citations

Abstract

: The system for the disclosure of administrative punishment decisions originates from the "administrative law enforcement publicity system" within the three systems of administrative law enforcement. Its main purpose is to supervise the law enforcement activities of administrative organs. Based on this legislative purpose, it is inferred that administrative agencies would adopt a self-restrained disclosure standard to protect their credibility. However, empirical data analysis shows that this is not the case. In practice, the disclosure of administrative punishment decisions has gradually evolved from a tool for supervising public power to a means of imposing secondary punitive sanctions on individuals. This shift in purpose not only infringes on the basic rights of individuals but also leads to an expansion of public power. It is necessary to regulate the administrative disclosure procedure from a teleological perspective, ensuring that the implementation of the system aligns with its original legislative purpose.