The Research On The Scope Of Administrative Information Publicity

The scope of the administrative information publicity is the core of the pubilicity legislation and has great importance of the extent of the pubilicity. With the improvement of the democreted politics and the the right to know the truth, the scope of the administrative information publicity has been gradually enlarged. The scope of the administrative information publicity is in accordence with the theory of the protection of the right to know, the theory of the ratioanal limitation of right and the protection thoery of the right to privacy. To define the scope of publicizing government information must follow the principles as: taking the doctrine of publicity as principle and the privacy as exception, scaling benefit, information partitionability, controlling right of discretion and defending dignity of human personality.There are obstacles between the secret security and the information publicity, such as: weak information open idea within government and people hamper the development of publicity system; legislation model lag out and information publicity still use the style of government right open; laws related to adjust secret security developed but common state law about information publicity absent, only local laws under the former; the current scope of government information publicity is un-wide, and the criteria defining publicity and secret is unreasonable; related systems about information publicity are unharmonious. In order to timely regulate the law and properly handle the relation between freedom of information, the following aspects shall be drawn attention to: people must change the traditional idea and establish strong information publicity idea; adhereing to the principle of publication as rule as well as privacy as exception; building up common state law of information publicity; specifying the limit between publicity and privacy in a scientific way and balance their necessary relationship; establishing a legal system to reach unanimity within internal consultation, in the course of amending the related laws such as PRIVACY ACT, ARCHIVES ACT, etc.