Public Administration Information System Based On: To Start From The Asymmetric Information Theory

The wide spread of SARS and H5N1 virus from Asian area not only arouses the strong concern about our life style and the system of public health control, but arrests our eyes on another critical law issue, that is, the disclosure of administrative information. In china, the notion which the masses have no right to know is deeply rooted in the governing mode of the ruler. However, the experiences in the West governments and Chinese practice have proven that the disclosure of information is one of best measures to improve the public trust on the government. What's more, the rules of WTO are stepping up the transformation from confidentiality to transparency.Up to now, a serial of scholars are researching on the heated topic. In the view of the values of the Constitutionalism, and from the aspect of the Right to Know, the disclosure system is provided with a reasonable base in theory. From the overseas, many materials are introduced into our researches, such as American Freedom Information Act. They boost our study in the field and the real practice in some places. Meantime, other various analyses should be done to deepen our understanding on the functions of disclosure of information.To a certain degree, your methodology decides the method and result of research. In view of creative spiritual, the thesis introduces the theory of asymmetric information in Economics of Information into the research of disclosure of administrative information. With regard of the inadequacy in ability and scholarship, there must be some defectiveness, but this never fails in rethinking the values of disclosure system. Just as the theory of "invisible hands", the traditional Constitutionalism is built upon the Perfect Information model, which assumes that the participants should have mastered some adequate information in the political game. But factually, many malfunctions in law systems have resulted from the asymmetric information in the real world.The thesis intends to apply the theory of asymmetric information to analyzing the asymmetric information issue in the basic administrative law relationship between the administrative organ and private party. Generally speaking, in administrative process, the administrative organ controls a great amount of information from private party through the administrative power and holds its superior position; on the contrary, the private party is placed in inferior position, for having no use getting related news from the administrative organ. This asymmetric fact causes some unexpected bad results. Therefore, the issue of asymmetric information in administrative process must be conquered and laws be enacted rationally, which is a feasible step to avoid the government failure. The way of thinking helps us recognize the importance and actual meaning of the system.Therefore, the thesis starts from the value of information, realizing that information can dissolve some uncertainties on the one hand but give power to the holder on the other. Furthermore, the news holder is not hesitate to keep secrete or hide information so as to monopolize the power for a long time. Thus, the asymmetric information turns worse. The administrative information which is public information originally, is taken under control by the administrative organ, the public know nothing. A bad result is that the public are ignorant and deceived easily, responsibilities can't be laid upon the bureaucrats by the public.The law is lifted on the schedule. Next, the administrative information comes from the state fiscal, which gives it public feather initially. From its public goods essence, the ownership does belong to the public, the administrative organ only shares its occupation and legal usage without a little income power. In one word, it is the obligation of the authorities to disclose the administrative information he holds. However, we shouldn't take it for granted that the agency would show the information for the public tamely. On the contrary, he will hide it carefully or give some chosen and modified information which can express nothing valuable. Generally speaking, the reason first is related to the action mode of administrative bureaucrats as an "economic person". Other factors make it more complicate, such as its public essence, profession knowledge and cost of information seeking. From a deeper aspect, it results from the initial correspondence with the intense monopoly of the administrative power and the asymmetric position between the organ and private party. As follows, as the bureaucracy theory by Max Weber has revealed that, administrative bureaucrats expand their practical powers relying on monopolizing the administrative information which is often concealed within the organization as "official secrete". Thus, a anti-democratic phenomenon comes into being, which has caused the public in ignorance of the state governance and the public supervise and control on the government is weakened, leaving vast unlimited space for misuses of administrative power.As is regarded above, the impending law of disclosure of administrative information will aim at redressing the asymmetric information between the administrative organ and private party. In the first place, the law should be enacted according to a adapt system arrangement in the view of reducing information cost, like as the expenses on the information should be as possible as cheap. On the second place, a remedy system is vital, embodying the spirit of power balance and checking. The law will be perfect if the legislative, administrative and judicial guarantee systems are all coming into effect. As a result, the right to know for the public is preserved and the abuse of administrative power repressed.As is stated above, only rationally arranged law on disclosure of administrative information is able to dissolve various kinds of corrupt practice, stopping the secret administration and administrative despotism, reducing the obstacles that administration rule of law revolves inside. Nowadays, some rules have been shaped out, but they just have some symbolic function, for there is still a long road to run in improving its structure and frame. The thesis doesn't consist in providing a detailed outlook for the legal system of administrative information disclosure of our country. If a little progress can be made in the text, the author's efforts will be in no vain.