On China's Government Information Exempt From Public Legal Situation

The government is not only the country information resource biggest owner, is also the biggest information producer, the user and the promulgator. The establishment and the consummation government information disclosure system, is advantageous in the citizen participates in government discusses the political power realization, the perfect socialist democratic politics, the control executive power's expansion, defends citizen's legitimate rights and interests. This article analyzed our country to join under the background which WTO and the information economy time approached, established and consummates the opportunity which and the challenge that government information public legal regime faced. From legal science, economic and sociological angle embarking, analysis establishment government information disclosure system's rationale. Carry on to the government information disclosure system's history and the present situation comb with reconsider, carries on the analysis from the legal angle of view to present government information disclosure system existence's question, and studies proposes the reform and the consummation opinion suggestion.Part I, Our country Government information public and exceptional. Key elaborated that Our country Government information is public "publicly take as a principle, take not public as the exception" principle of legality. The summary narrated the government information public principle and the exception, as well as between both's relations; Has analyzed the government information public principle constitution study foundation and the administrative jurisprudence foundation.Part II, Our country Government information absolution public legal situation. Unifies "Government Information Public Rule" and other relevant law laws and regulations spirit, the exceptional information situation which this chapter elaborated mainly includes:Involves the national secret the government information, involves the business secret the government information, involves individual privacy the government information, after public, possibly endangers the national security, the public security, the economic security and the social stability the government information as well as acts according to other legal, the laws and regulations explicit stipulation not to give the public government information.Pat III, Perfect government information absolution public legislation suggestion. Front the union to Our country Government information absolution public legal situation's elaboration and the analysis pointed out that the present existence the question, and further puts forward the consummation government information absolution public legislation proposal.