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第5期 总第124期 南 ·
南京医科大学学报（社会科学版）京医科大学学报（社会科学版）
2024年10月 Journal of Nanjing Medical University（Social Sciences）of Nanjing Medical University（Social Sciences） · 505
Journal

The application of administrative punishment of“informed criticism”

from the perspective of health law enforcement: clarification of

principles and concept of remedies

——Based on 818 cases of notification of criticisms
CHEN Yiji
Faulty of Law，University College London，London WC1E 6BT，UK
Abstract：The new Law of the People’s Republic of China on Administrative Penalty in 2021 added
informed criticism as a new type of general administrative penalty. Since the implementation of the new law in
July 2021，informed criticism has been widely applied in law enforcement，especially in the field of public
health law enforcement，playing a great role and completing the transition from legislation to practice. However，
through empirical analysis of 818 cases of informed criticism of administrative penalties under public health law
enforcement，we discovered that the operational effectiveness of informed criticism in law enforcement is
unsatisfactory. The failure to meet the expected penalty effect，and the absence of remedies have put the
general application in an unpopular and awkward situation. Tracing back the causes， the inappropriate
application of the much⁃needed norms has caused severe damage to the principle of proportionality and other
law principles. In order to achieve the proper application of informed criticism，it is necessary to deconstruct
the effect of its punishment to optimize the path of law enforcement and to introduce the“right of correction”
and“right of response”in civil law to set up a relief system with regarding comparative law to provide relief
requirements.
Key words：informed criticism；administrative punishment；health law enforcement；public health