Research On The Scope Of Government Information Disclosure

The promulgation and implementation of "Regulations on Open Government Information" (hereinafter referred to as "Regulations") is a milestone and a new starting point in the process of building the rule of law in our government. It not only meets the citizens' right to know, but also plays an important role in carrying out administration according to law and the heart of the system-the scope of information disclosure-decides the feasibility and effectiveness of the implementation of "Regulations". Judging from our legislation only, it seems understandable; however, through a comparative study of relevant legislations abroad, the author doubts the adopted model and legal norms of "Regulations". Why does China adopt different ways in defining the scope of information disclosure from abroad? Why does "regulations" limit the open range which is narrower than that of relevant provisions of most countries in the world......With these questions, I carry out a deep study on the Chapter II of "Regulations" by legal analysis, empirical analysis, and find shortcomings in our legislation, as well complete reconstruction of the second chapter after learning the advanced experience from overseas.As a kind of valuable administrative resource, the scope of government information disclosure has been determined by many subjective and objective factors including traditional culture, civic ideology, the level of economic development and the rule of law as well as the preferences of government officials, and so on. Therefore, the choice of scope is required not only to meet the citizens' rights to know, but also meets the theory of popular sovereignty and the "new public management", and also need to comply with the principles of economic administration. Although the information disclosure system started late in China, and its development has gone through three phases, but the promulgation of "Regulations" is still a shocking event during the legal process. The scope of initiative information disclosure, the scope of applications for government information and the review mechanism for confidential information combine the whole contents of the open range, and such a composition is consistent with legislative logic such as convenience, efficiency, economy, as well the scope reduces three kinds of costs that are opportunity costs, marginal cost and transaction costs. However, during the implementation process, we discovered the inadequacies of current system. Either is inadequate implementation of "Regulations", or the absence of supporting systems does present new challenges to current system.Problems need to be solved and irrational system needs reconstruction. The profiles of government information disclosure of other countries provide us with a realistic material. After studying the experience of the United States, Japan and other Western countries, we have gained valuable experience, and put forward the specific goals of reconstruction as well as the vision of reconstruction.