The Shade Under The Sun

Open, transparent and the power under the sunshine, are important features of modern government. In implementing the people-oriented concept of governance in China, the establishment and development of information disclosure system established reflect the protection of right to know, respect for human rights, promoting government information to the community in circulation. In the civic understanding, participation and oversight of government policy formulation and implementation, at the same time, information disclosure system promotes government transparency and accountability in their own improvement. In particular, the release of "The State Council on strengthening the rule of law and the views of the government building" in the year of 2010, which special emphasizes on efforts to increase information disclosure, to "conscientiously implement the Regulations on Open Government Information, insist to the principle of open. All government information should open to society except State secrets, commercial secrets and personal privacy." Under the guidance of the principle of openness, maximize protection of the rights of citizens to access information can be successful only in way of strictly limiting the scope of disclosure exemptions.However, practice gives a different answer. In the past three years of the practice of open government information, except state secrets, commercial secrets and personal privacy, there are all kinds not specified in the Regulations on Open Government Information in the type of information from disclosure exemptions. For example, "government information during the discussion or in consideration" " internal government information and government documents, " "information threaten security and stability, " "information related to administrative law enforcement, which once open will affect the inspection, investigation, evidence collection and other enforcement activities, or threaten the individual, unit and other safety matters (except as otherwise provided by law) "," other circumstances stipulated by laws and regulations, "and so on. These reasons are very common and they are aimed to solve a lot of information disclosure problems arising from operation by the executive authorities encountered in practice. However, if left unchecked, it will certainly affect the rights of citizens to access information and hinder the government information disclosure efforts and goals of the rule of law.In view of this, the paper hopes to analyze a number of exemption clauses unlisted in the Open Government Information practice by normative analysis, empirical analysis and comparative law analysis methods. This article tries to propose to amend the "Regulations on Open Government Information" in the area of disclosure exemption by adding "information in the decision-making process" and "information which has nothing to do with the administration of public interest information", or by revising the "work the secret" and relevant laws and regulations, and by releasing an introduction for the relationship of working secret and not publicly specified the terms of exemptions. At the same time, according to the data from 65 pieces of 2010 the State Council departments of government information public annual report, this article presents the weakness and perfection advices, in order to improve the annual report of government information disclosure work.