On The Conflict And Balance Between Government Information Disclosure And Guarding State Secrets

With the development of the society and economy, information globalization arises and sweeps the world quickly. Human development has entered the era of information society. Information will play a key role in information era. However, information's value will not be achieved until it is released to the public. As one kind of information, governmental information follows the role without any doubt.Government information disclosure has become an important element of democracy and rule of law in the age of information along with the world tendency for establishment of the legal system regarding freedom of information. In China, some progress has been made in this field. However, in general the legal system of disclosure of government information has not been established yet. Meanwhile, the contradiction between China to strengthen the system of secrecy and the modern democratic states seeking the realization of the right to know has become increasingly prominent. How to dispose and improve the relationship between systems of government information disclosure and guarding state secrets, how to deal with and improve the relationship between public right to know and national interests, has become important factors of democracy and rule of law in the age of information. Therefore, the study on the subject has both theoretical value and practical value.In this article, the basic conceptions are discussed and analyzed firstly, such as disclosure of government information, the right to know, state secrets, the power of guarding state secrets, and so on. And then makes a discussion on relationship between government information disclosure and guarding state secrets. Then this article points out that the conflict of government information disclosure and guarding state secrets, which reflects the conflict of the right to know and the power of guarding state secrets, the conflict of individual interests and public interests, the conflict of freedom and order. Meanwhile, government information disclosure and guarding state secrets will be concerned with national security and interests, despite the conflict exists between the two, it's not irreconcilable. It makes a research on the legal system of government information disclosure and guarding state secrets in the world with the method of comparative study and makes a research on the situation in our country with the method of historical study. And then summarizes the problems and defects about the said two in our country. At the end of this article, it makes some suggestions about the balance of government information disclosure and guarding state secrets, especially about establishment the legal of government information disclosure and improvement the system of remedy.