Reserch On The Exempt System Of Chinese Government Information Publicity

The purpose of research on the exempt system of Chinese government informationpublicity is framing and defining the range of government information publicity’sexemption, then according to what publicity is principle and not public is exception,making the public range of government information obvious to people, and any maliciousaction of refusing making government information public on the excuse of certaininformation is exempted has no place to hide.Malposition of legislative purpose, deficiency of basic principle, not appropriatingregulated pattern of public range of government information, lack of rationality of thesystem of publicity depending on application, impropertion of the confidentialexamination mechanism and a variety of defects of Exemption system of China’sGovernment Information Publicity Regulation cause that the public range of governmentinformation in China is rather broard and right to know of People cannot be realized. Bymeans of investigating the progress of govenment information publicity of advancedcountrys, analysing the ideas of these countries, this essay make effort to pursue helpfulinspiration and reference. On this basis, this essay puts forward advice on the basicsystems.Perfection of relevant systems is the premise and base of perfection of exemptpublicity system of government information. Our country should cancel article8of Regulations onOpen Government Information, of which provides three security and one stability, whichshould be replaced by exempt public items which is detailed and in clear list.According to the defects of the three exempt public items of Regulations on OpenGovernment Information, we should built related special egislation into the system ofgovernment information publicity and Comply with the basic principles "to the public forthe principle, not open for exception" On the macro. On the micro, We should work fromthree aspects elementarily. On the problem of State secrets, we should take the permissionof Setting state secret back, set the range of state secret in enumeration mode, limit the range of state secret to the scope of national defense, intelligence, InternationalRelations and external obligations of keeping secrets. Establish the non-public trialsystem and Substantial examination system. On the problem of trade secret, we shouldexamine the constitutive requirements of trade secret according the three factors, thenclassify the informations that according with the three factors. We should protect not onlytrade secret but also the relevant informations. On the procedure and relief systems, weshould establish the hearing system and system of exhaustion of administrative remedies.On the Privacy protection, our Privacy Protection Law in the future should adope Privacyregulation which relate to personal privacy but not identity. On the procedure and reliefsystems, we should adope No-fault imputation principle and detaile the liability for tort ofthe administrative organ in addition.Besides on the above, we should list the Procedural informations which areopinionable, Personnel regulations and systems which is sheer and interior and invalidfor civil, enforcing informations which does not produce disadvantage results if it is opento public as exempt items. Because these three items all envolve measurement of publicintrest, law should be projected rationally in order to regularize the performation ofdiscretionary power effectively. At the same time, our future Freedom of InformationLaw should make other exempt informations which are list in other laws and regulationsas miscellaneous provisions, which could maintain different laws and regulationsharmonious mutually in one country. Miscellaneous provisions accords with thecustomary legislation, but the premise of setting Miscellaneous provisions is that otherlaws and regulations should accord with the principle of what publicity is principle andnot public is exception.