Open Administrative Information System Research

The meaning of information is actually two-fold: On the one hand, it connotes documents or files; on the other, it refers to the information or message contained in documents or files. Administrative information means the information an administrative entity or unit collects, obtains, preserves and handles in its executive process. The opening of administrative information is an administrative entity's legal responsibility and act of publishing its administrative information (except for that which is waived from publication) on its own or upon the request from a citizen or an organization. A public liability entity is an executive unit of administration and management; a public right entity is a citizen or an organization, including a foreigner. There are two channels of opening: in one, a governmental unit publishes its administrative information on its own; in the other, a governmental unit publishes its administrative information upon the request from the public (which is also called passive opening). In our country, the opening of administrative information takes the following forms: printing, researching, auditing and reporting. The policy of opening administrative information stipulates that a citizen or an organization has the right to obtain administrative records and documents in a legal way and that an administrative entity has the responsibility to publish its records and documents. Broadly understood and defined, the policy of opening administrative information means the total of the legal regulations and procedures with regards to the publishing of administrative information.The policy of opening administrative information originates from Switzerland in northern Europe, which began to implement the law of free press as early as 1776. Chief among the most influential is the American 1966 "Freedom of Information Act ." The U.K. did not pass her "Freedom of Information Act" until 2000. France set up the "Open-Administrative-File Act" in 1978. Germany made the "Environmental-Information Act" in July 1994. In Asia, following the example of South Korea, Japan passed the"Freedom of Information Act" in May 1999. In our country, Taiwan drafted and submitted to the Department of Legislation the "Freedom of Information Act" in May 1995, and began to carry out the "Policies for Opening Information" in 2001. Hong Kong revised and passed the "Principles for Opening Information" in December 1996. In 1994, Macao passed the "Administrative Procedure Law", which specifies the rights to information in its Section Three of Chapter Two.The author of this thesis first illustrates the theoretical basis for the opening of administrative information from the angle of law's basic meaning ?freedom, justice, order and efficiency, and brings to light the necessity for its existence. The author then uses the Anglo-American "natural justice principle" and "due law process principle" as well as French "defense-right " principles to explain the constitutional basis for the opening of administrative information and seek the constitutional origins for "the right to know." Switzerland (1975) and Portugal (1976) are among the earliest countries who made clear 'stipulations about the "right to know" in their constitutions. Many multi-party countries and states that are undergoing governmental transformations have also set up the role of opening administrative information in their constitutions. As a basic human right, the right to free information is also recognized in the UN "Declaration for Human Rights" and "Covenant on Civil and Political Rights." In our country, the constitutional basis for the right to know lies in the popular-sovereignty principle, the right to participate in, debate over and supervise governmental procedures, and other constitutional rights based on the principle of free speech.WTO's "Principle of Transparency" stipulates that all involved parties must publish all the commonly-practiced legislative and administrative regulations concerning duties, fees for taxes and other export and import polici...