1. What is informed criticism?
Although this kind of informed criticism activity is often used by administrative organs in practice, its definition is not clearly defined in China. However, in some professions, informed criticism's concept only appears in the chapter of punishment. As for how to operate in specific law enforcement, there is no more detailed implementation opinion or judicial interpretation to explain.
Second, the nature of informed criticism
Informed criticism belongs to the category of administrative punishment.
First of all, the relevant laws set administrative penalties such as informed criticism and warning in the chapter of legal liability. Article 9 of the Administrative Punishment Law stipulates the types of administrative punishment by enumerating, including warning and informed criticism; Fine, confiscation of illegal income, confiscation of illegal property; Suspend the license, lower the qualification level, and revoke the license; Restricting production and business activities, ordering production and business suspension, ordering closure, and restricting employment; Administrative detention; Other administrative penalties prescribed by laws and administrative regulations.
Secondly, from the concept of administrative punishment, informed criticism has the basic elements of administrative punishment. Administrative punishment is an administrative act that the specific administrative organ of the state punishes individuals and organizations that violate administrative laws and regulations according to law. It is administrative, disciplinary and punitive. Informed criticism is made by the administrative subject for a specific party, which is the embodiment of the operation of its administrative authority and has administrative nature; Moreover, informed criticism is a punishment for the rights of the administrative counterpart by the administrative subject, and it is punitive to damage its reputation by publishing the illegal acts of the administrative counterpart; The most important thing is that informed criticism is based on the existence of the administrative counterpart violating the administrative order, which is a punishment for the illegal parties and has administrative sanctions.
Third, informed criticism belongs to the disciplinary action in administrative punishment. The reprimand punishment refers to the administrative punishment that the administrative organ causes certain damage to the reputation, honor, credibility or spiritual interests of the violator as a warning.
Legal basis: Article 293 of the Criminal Law of People's Republic of China (PRC) refers to the act of wantonly provoking, arbitrarily beating or harassing others, or arbitrarily damaging or occupying public or private property, or gathering people to make trouble in public places, which seriously undermines social order. There are four kinds of objective manifestations of the crime of stirring up trouble in criminal law: beating others at will, with bad circumstances; Chasing, intercepting, insulting or intimidating others, and the circumstances are bad; Forcing or arbitrarily damaging or occupying public or private property, if the circumstances are serious; Accommodating people in public places, causing serious disorder in public places.