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Scope of the disclosure of government information

Author: LangLing
Tutor: WangWanHua
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Open Government Information Regulations The principle of openness It should be open government information Exempt from public government information
CLC: D922.1
Type: Master's thesis
Year: 2010
Downloads: 621
Quote: 4
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Abstract

May 1, 2008, the first administrative regulations that specifically regulate the government information disclosure system, \Since the implementation of the Public Ordinance, the theorists of practice cases focused mainly in the area of ??open government information range. The Public Ordinance does not establish the principle of openness, the administrative authorities in the implementation of the open range system, the lack of a unified principle guidelines; kind of information for some uncertain concept and not the provisions of the Government in the Public Ordinance, the executive authorities, jurists, there is a big difference; public understanding the law lag Secrets Act, \commercial secrets and personal privacy, lack of uniform guidance. In this context, the scope of the disclosure of government information as a study object, take the regulatory analysis, comparative analysis of the research method and empirical analysis, analysis summarizes the typical case basis, to extract certain about the scope of the disclosure of government information important controversy, combined with the provisions of the Public Ordinance and related extraterritorial legislation, and discuss in depth the scope of the disclosure of government information should be made public, and exempt from disclosure two angles. The structure and content of this article is as follows: the first chapter, the legislation on the scope of the disclosure of government information. Government information includes the subject, content, and a way to form four elements. The scope of the disclosure of government information has an important position in the government information disclosure system. Can be divided into government information disclosure scope of legislation in the form of administrative regulations, local regulations and local government regulations, departmental rules and regulations, related laws and other four categories, and has three main features. Legislative content, \open government information types. The second chapter, the range of government information should be made public. Section I, historical information. Historical information is the information of the formation of the government before the implementation of the Public Ordinance. For whether public history information, domestic scholars have not yet formed a unified view. This paper argues that, whether public historical information are \Should be timely, moderately open historical information, this is not only consistent with the spirit of the legislation of the relevant provisions of the Public Ordinance, also has a political significance. Section II is still in discussion, research or government information in the review process. Such information reflects the executive privilege, the the Game balance between administrative efficiency and open government information. The United States, Japan, EU countries should be conditional to disclose such information. This paper argues that the judgment on whether to disclose such information, should be taken to the formative stages of standard, objective and subjective information standards and public welfare measure of the standard combination of approaches. The third quarter, the government information disclosure to the applicant's qualifications. About the Public Ordinance 13 constitutes the applicant's eligibility limit for Open Government Information, Chinese scholars hold two opposing points of view. The United States, Japan, South Africa and other countries experienced from imposing restrictions to the lifting of restrictions on the legislative changes. 13 constitute a restriction on the applicant's qualifications, and pointed out that \Chapter III, exempted from the scope of public government information. Section 1, state secrets. The conservative state secrets is the greatest obstacle to government information open range system implementation. Compared with the provisions of the United States, the United Kingdom, China's \Review the basis for confidential review mechanism is too broad and too general review process and other issues. The same time, the judicial review will indirectly affect the administrative organs of the confidential review of behavior, and the formation of a \File information belonging to a \Section 2, trade secrets, personal privacy. The executive can be identified from the two aspects of the subject with the standard commercial secrets. China's law on personal privacy and the privacy provisions are very loose. The correct handling of open government information and trade secrets, the relationship between privacy protection shall abide by the three principles: the principle of consultation discretion of the principle of openness, the distinction between the principles. The third quarter, the disclosure of which might endanger national security, public safety, economic security and social stability of the government information. Such information may be referred to as sensitive information. Sensitive information Terms prevail over the effectiveness of the provisions of Chapter II of the Public Ordinance, it contains a lot of uncertainty concept, and its purpose is to safeguard national security, public safety, economic security and social stability. Administrative organs can be identified from the subject, object, and the consequences of sensitive information. Chapter IV, thinking about the establishment of the principle of openness. Establish the principle of openness is of great significance to improve the system of information disclosure range. The United States, Australia, Finland, Russia, Hong Kong and other countries and regions are clearly stipulates the principle of openness. Three measures should be taken to establish the principle of openness: defined to open for the principle, not open for exceptions \development of relevant legal norms.

Scope of the disclosure of government information

Abstract

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