A Study Of The Government's Information Sharing And Exemption System

Government is now actively promoting the Opened-information Project. And the core of the research on the Opened-information is the bound and content of what to be open to the public.At the same time,the exception of the Opened-information is very important and difficulty. Of the People's Republic of China on the disclosure of government information implementation regulations reflected in recent years, various problems for further information accurately defined, the exception in structuring the government information openness system plays a decisive role.This paper is divided into two parts. In the preface part, mainly introduces the background of paper writing. After the implementation of the regulations on the disclosure of government information, the Exception generates a lot of problems. Article XIV in the regulations on the disclosure of government information is highly controversial. In reality, when people attempt to obtain needed information from the government departments, they are often rejected. Authorities by invoking provisions of Article XIV, for certain public information should be withheld, thus impeding the normal exercise of citizen's right to know.At present, the researches of the Exception from domestic scholars stay before the Regulation, which lack on the researches of new problems. There are a considerable number of writings on the "regulations" were promulgated before the government conducted a study on information disclosure, and on this based on the analysis of government information open to the public and to propose appropriate measures. As for the "Regulations" emerged in the process of implementing the various problems are a lack of in-depth knowledge and research, nor to the "Regulations" after the implementation of opening government information arising from the numerous exceptions to conduct research into the issues In this paper, for "The People's Republic of China on Open Government Information," After the implementation of the Government of China the content of information disclosure exceptions study appears in the face of the real parts of the various new situations and new issues in-depth analysis, and on this basis, to present their views. This paper mainly aims at these contents.Text mainly divided into four parts: The first part introduces simply the government information openness and exceptions related concepts. By different countries on legislation for disclosure of government information, information disclosure exception to the scope and content of the concept of open defined explicitly discussed in this article the government information disclosure of the exceptions to the concept and connotation of the exact. A clear concept and scope of the study is ready for the discussion below; The second part discusses mainly the theoretical basis of the disclosure of government information .The right of knowing very information is the foundation of the disclosure of government information. For the limit of the right to know is that we in the relevant legislation to restrict the public right to government information to provide the legal basis of exceptions to the content. As we all know,the right of knowing very information is a citizen's important fundamental right, but it is not absolute. The reason why the laws restrict the right of knowing very information is to protect the right, simultaneously, to avoid damaging other rights or interests. In the third part mainly analyzes the existing problems from three aspects from our existing laws and regulations on the disclosure of government information and the provisions of the exception. This is mainly: different laws and regulations, exceptions to the contents of different standards and boundaries blurred; government information open conflict between the exceptions to the law; due to open the exception of legal disputes arising from these three aspects difficult to obtain relief for analysis. The fourth part which bases on the third part puts forward the disclosure of government information for perfecting the exception to the rule. This is mainly: the exception to the standard open government information accurately defined; of government information disclosure exceptions to the contradiction between the law take appropriate action; of government information disclosure exceptions to the controversy generated by an effective legal remedies.This paper uses the theory analysis and empirical analysis, comparative analysis and other methods.