Research On The Exception Of Opening Information By Government

An important content of democratic and ruling by law in information ages is the disclosure of government's information, the core of studying is the information's range and content that could be disclosed by the government. In this core, the open exception is a difficult point to study. It is only to clear and dwindle the range and content of exceptional message, so that it could clear and expand the range and content of disclosed information. For this reason, this text takes the theory (balancing the interest of law) of limitation to fundamental right (the right of being in know) as the foundation stone, takes the legislative example of exceptional information in China and foreign countries as studying angle, takes relation of unity and opposition between opening and keeping as the clue, in order to probe important problems in theory and system that are relevant to exception of opening information by government.In the part of the introduction, the text clarifies the purpose, meaning, current situation trend, range and method of studying the exception of opening information by governmentIn the part of theoretical foundation, the text introduces relevant problems through " the first case of information disclosure". According to the theory that " the basis of opening information by government is the right of being in know ", this text drives out that the exception of opening information is in fact a restriction on the right of being in know which is a basic human rights. The foundation of the authority in the know is to balance the interest of law, that is, people should avoid damagingpublic interests (including national benefit, social interesting) and personal interests (including citizen's interests, legal person's interests) while they use the fundamental right. The principle of limitation to the authority in the know includes the legal provision, legal goal and essential foundation.In the part of comparison between China and foreign countries, the text introduces the overview of legislative exception of opening information in China and foreign countries, and studies from international human rights, foreign countries' legislation and Chinese legislation at first. Then taking American as a especial example, comparing the range, kind and content of Chinese and foreign countries' exceptional information from such four respects as state secret, administrative privilege, individual privacy and business secret, so as to analyze the four issues existing Chinese legislation about exceptional informationIn the part of countermeasure and suggestion, the text puts forward the suggestion of how to perfect the system of exceptional information in our country from the theory and system separately. On the aspect of theory, the principle of establishing exceptional information system includes legitimacy, purpose and rationality. On the aspect of system, the author thinks that the first thing is to choose the mode of style, the second is to establish the type of range, the third thing is to set up the legal system of opening information that is related to " disclosure and exception".In the part of conclusion at the end, the text further summarizes five points that should be included in exception of opening information for government.