Research On The Legal System Of The Disclosure Of Government Information

The government information is the information which the people's governments at all levels and its functional departments, as well as the administrative authority organization manufacture, obtain or have in the process of its management or the provision of public services. In a people's sovereignty country, the authority of all state agencies comes from the people and serves for the people's benefit. Government information as the public goods which the government agencies generate in the exercise of the power should also be taken for granted ownership of the people. This is the people's right to know. The theory of the people's sovereignty and the right to know is the theoretical basis of the legal system of disclosure of government information. The contact behavior theory is one kind of social development theory which proposed by Habermas. This theory stressed the important role of language to communicate in social development."The Government Information Disclosure Bill" is China's first national legislation of disclosure of government information. But our legal system of disclosure of government information is not perfect. There are major problems in the following areas: First, the lower level of legislation cannot make it solve the problem of confliction with existing laws; Secondly, the "The Government Information Disclosure Bill" is not perfect and there are some places which should be improved; Third, the lack of supporting legal system make the exceptional information's elimination not have the legal basis; Fourth, the hindrance of idea and the tradition has limited the implementation of the legal system of disclosure of government information.To deal with the problem, we should enhance the level of information disclosure legislation and formulate the Government Information Disclosure Law. Government Information Disclosure Law should adhere to the idea of legislation --the principle of open, the exception of close. We should clearly define the scope of non-public information and revise the corresponding security laws and regulations according to the above explicitly. Then we can establish the perfect confidential review mechanism. In the necessary legal regime aspect, we need to formulate the business secret law and the individual privacy protection law .Thus we can be clear about the actual content of the business secret and the individual privacy. The rule of law not only calls for a good legal system, but also the implementation of the law. To break the barriers of traditional concepts is the key of the implementation of the government information disclosure law.