2021年《行政处罚法》修订将通报批评纳入了行政处罚一般种类，从实质主义的视角出发，通报批评应包括所有向社会公布，以减损行政相对人的名誉、降低其社会评价为目的和法律效果的行政处罚，具体表现形式有狭义的通报批评、公开谴责、公布违法事实、列入行政违法失信惩戒名单等。作为新增的行政处罚种类，通报批评语义模糊，不能对实践形成明确的指引，其产生的法律与社会双重惩戒效果与其法律轻微行政处罚的定位不符，存在与行政处罚公开制度矛盾的风险，且实际制裁效果不稳定，此外还面临难以实质性救济的问题。为解决上述现存问题及风险，应通过内容补充、分类适用、正当程序和构建救济途径四方面加强对通报批评适用的法律控制。

The 2021 revision of the Administrative Punishment Law included notification of criticism into the general category of administrative punishment. From the perspective of substantialism, notification of criticism should cover all administrative punishments that are announced to the public for the purpose and legal effect of reducing reputation and social evaluation, and the specific manifestations include circulating criticism in a narrow sense, publicly condemning, publishing illegal facts, and being included in the list of punishments for untrustworthiness of administrative violations. As a newly added type of administrative punishment, the notification of criticism is ambiguous and cannot form clear guidance for practice; The dual legal and social punishment effects produced by it are inconsistent with the positioning of minor administrative punishments by the laws; there is a risk of contradiction with the public system of administrative penalties; the actual effect of sanctions is unstable; and it faces the problem of difficulty in substantive relief. In order to solve the above existing problems and risks, the legal control applicable to notification of criticism should be strengthened through four aspects: content supplementation, categorical application, due process, and the construction of remedies.