Keep State Secrets Legal System, Information Disclosure Vision

《Government Information Disclosure Ordinance》comes into effect in 2008, but which is seriously interfered by "chronic problems" existing in normative documents for guarding state secrets, the voice to modify the legal norms for guarding state secrets is more urgent. How to dispose and improve the relationship between systems of government information disclosure and guarding state secrets, how to deal with and improve the relationship between public right to know and national interests, and how to amend the legal norms for guarding state secrets, which have been important factors affecting "engineering quality" of building a service-oriented, rule-based, transparent government.In the beginning of the article, that is the first chapter, discussion on basic theory issues on guarding state secrets law in the vision of information disclosure. First of all, sets forth the importance of establishment exceptions in the system of government information disclosure, state secrets and other relating interests should also be given necessary protection as multiple interests balance requires the protection of public right to know. And then makes a discussion on relationship between government information disclosure and state secrets under the system of government information disclosure, the relationship between governmental information disclosure and state secrets is a dynamic relationship, there is no forever secrets, disclosure and guarding state secrets could be transformed into each other in the different stages, and the decisive factor of the said two is whether the information is in the state which could influence national security interests of reality, and which would inevitably lead to damage national interests once disclosed. Furthermore discusses the relationship of public right to know and national security interests, despite the conflict between the said two exists, it's not irreconcilable. And the state's stability and unity is a fulcrum for public right to know and national security. Finally, gives an analysis of the special background of state secrets, and discusses on the black-box administration and Chinese traditional concept of guarding state secrets.Chapter II: Discussion on the legal basis and development system. Detailed introduction constitution, criminal laws, administrative laws and the laws and regulations on procedural law relating to guarding state secrets, and focuses on establishment and development of《Law of the Peoples Republic of China on Guarding State Secrets》,《Measures for the Implementation of Law on Guarding State Secrets》,《Archives Law of the Peoples Republic of China》and relevant department laws relating to guarding state secrets as well as legislation backgrounds. Chapter III: Basing on the cases and norms, analysis of the defects and gaps of current system and norms of guarding state secrets confidential from the aspects of the scope of state secrets, the body for deciding state secrets and its authority, confidential procedures, reliefs for state secrets and so on. The article first analyzes the irrational factors which exist in the relevant provisions for the scope of state secrets. And then gives an analysis of the conflict between relevant provisions relating to the specific scope of state secrets and social reality as well as that of the legal provisions and rules. In addition, gives an analysis of the defects of the definition of state secrets. In this part of the body for deciding state secrets and its authority, the body was divided into junior and senior, and makes competence assessment of qualifications of the organizations of the two bodies and discusses the setting defects. About the confidential procedures, analysis is made in the respects of being secret, change and decryption procedures, as well as defects of procedures. The last is legal relief system of guarding state secrets, this part refers to administrative reconsideration and judicial review procedure and the adaptivenessless of traditional relief mechanisms.The fourth chapter, basing on the analysis of defects and conflicts existing in current guarding state secrets confidential systems and norms, makes a conclusion that the out-of-control of discretion results in the existing defects and conflicts, and give an assessment of the harm brought about by the consequences. by specific cases and data resources, on the one hand, assesses disadvantages for out-of-control of discretion for public right to know and public interests; On the other hand, assesses the threats and damages for out-of-control of discretion for national security interests and public interests.Chapter V: dissertates the rationality to completely improve legal system of guarding state secrets, improvement and perfection the current state secrets system and norms from four aspects basing on establishment the guiding principle for improvement as "principle is disclosure, exception is otherwise". first of all, re-define the scope of state secrets by the basic scope and specific scope two respects respectively, reduce room for discretion, establish assessment criteria of damaging state secrets. Secondly, comb the body for deciding state secrets and its authority, authorize the executive and specialized department to sort out state secrets, and confirm specific functions of the said two bodies. Then, improve the procedures of being secret, change and decryption, supplements and deletes of current legal procedures. Finally, probes to establish special relief systems of guarding state secrets confidential with reference to relevant experience abroad, including special review procedure of administrative reconsideration and administrative litigation. In the end of the article control over administrative discretion is mentioned and discussed.