Open Administrative Information Related Research

Information-disclosure by the governmental agencies has become a rapidly developing tendency in the world in recent years. With firm foundation on the relevant theories of constitutional government, administrative agencies should disclose governmental information timely and thoroughly, making it acquired and known by citizens who hope to have knowledge of it. It has been public sense that information-disclosure is one of the necessary measures to build open government. While, how to carry out the statutes of administrative information-disclosure concretely and reasonably becomes a hard problem to cope with the right to know of citizens. During the process of disclosing administrative information the Principle of Relevance is derived from the related administrative theories. The principle can avoid abuse of the fight to know and prevent violating other person's legal right. We can keep the balance between the administratives' right of discretion,the citizen's right to know and the third party's right of privacy under the guidance of the principle.This article attempts to discuss and analyze the fundamental issues concerning the Principle of Relevance of government's information-disclosure, and to design what is necessary for our government's plan to draft our own Freedom of Information Act. With references to the comparative study of the related laws of U. S and that of Germany, the author would conclude as follows:1. The Principle of Relevance is accordant with the Principle of Disclosure naturally and Non-disclosure exceptionally, not conflicting with it.2. The Draft should add that the third party has the legal fight to bring a lawsuit against the information-disclosure decision rendered by the governmental agency;3. The administrative appeals resulted from the disputes over the disclosure/non-disclosure decisions of the public information should be reviewed by the judges of the court;4. In order to prevent the agency from revealing the information preliminarily and timely, the administrative litigation system should adopt the pre-disclosure notice procedure, hearing of third party and judicial remedy by which the courts are authorized to grant the injunctions unilaterally.The thesis is divided into four main parts, about 28000 characters.Part one is about the basic theory of administrative information, such as its concept, range, essential character and so on.Part two is mainly concerned with the concept and characters of the Principle of Relevance.Part three elaborates on the relationship between the Principle of Relevance and information-disclosure of governmental agencies.Part four pays close attention to the supporting institutional construction of the Principle of Relevance.Based on our national conditions, the administrative agents always have a hard head at their decisions of information-disclosure. Their ideas of our own Freedom of Information Act are established on official standard. To erase this kind of ideas we must grant our citizens the Right to Know without Obstructions. And also the Right to Protest of the third parties is necessary in the process of putting the Principle of Relevance into reality. The two kinds of rights function as the fundamental system of rights for the procedure of governmental information-disclosure. In fact the purpose of guaranteeing the two kinds of rights procedurally is to achieve the balance of pubic information-disclosure and private right-indemnification.