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A Study Of Exemptions Of The Disclosure Of Government Information

Posted on:2010-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:X JiFull Text:PDF
GTID:2166360275960371Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
"Regulation on the disclosure of government information" aims to build a bridge between the implementation of the Government and people . Through the "Regulations", the Government on its own or in accordance with the Government to apply for release of information, people can promptly and fully know the government policies and specific administrative act. Therefore, this article focuses on open government information defined exceptions, to take the theory in practice, and it ought to be research-ran. The thesis is composed of four parts.The first part of the use of normative analysis, public and government information on the exceptions to the academic content, analyzing the theoretical basis for information disclosure - the people's sovereignty and right to know the relationship between the dialectical unity, the disclosure of Government Information reasonable exceptions exist, as well as being the pan -and harmful.The second part to appear in the actual impact of a wide range of domestic cases empirical analysis, draw conclusions, summarize the information at this stage our government has been the generalization of exceptions and the reasons for the performance.In the third part of the study ,analysis of thedisclosure system of government information in the more mature U.S. and Japanese national legislation, a summary of information on the Chinese Government legislation exceptions inspiration to further improve China's exceptions to the disclosure of government information provided by the idea of legislation;Partâ…£on only clear exception to the scope of information to determine the scope of public information request, clear the "Regulations" of the exceptions provided for in state secrets, commercial secrets, personal privacy of these vague concept of the basic connotation and denotation; proposed exceptions take a detailed list; proposal to establish "the principle of open, not open to exception" principle and the principle of considering the interests of the principle of balance; determine the exception of state secrets, commercial secrets, personal privacy, such as the criteria; the end of a series of practical recommendations, including information on the executive decision not to open at the time of obligation, the exceptions to the administrative review decision and the relief of exceptions, such as the decision to try to make the executive the right to restrict discretionary. This is the focus of this article and difficulty. The most important innovation is the exception to determine matters of state secrets, commercial secrets, personal privacy and the criteria for exceptions to the decision of the administrative review.This paper aims to further improve the exemption of the disclosure of government information to increase the transparency of administrative affairs, and earnestly safe guard the people's right to know, participate and express the right to supervise and give play to government information on the life of the people's production and services and economic and social role, while can really protect state secrets, commercial secrets and personal privacy.
Keywords/Search Tags:Government Information, State Secrets, Commercial Secrets, Personal Privacy, Right to Know
PDF Full Text Request
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