The Law Of The People's Republic Of China Government Information Disclosure Regulations Effectiveness Problem Analysis

With the economic and social development, the disclosure of government informationhas become an inevitable trend. Regulation of the People’s Republic of China on theDisclosure of Government Information (hereafter the Regulation), taken into effect on May1,2008, is the first administrative regulation on the disclosure of government information,whose promulgation and implementation signifies its legalization and institutionalization.This will both provide a legal basis for the disclosure of government information andguarantee the citizen’s right to know.This paper studies the Regulation from the perspective of effectiveness, which is ofgreat practical significance. On the one hand, the effectiveness is not only the key factor tomeasure whether a law can truly protect the rights of citizens, but also the final mark tomeasure the legal validity. On the other hand, this study enables the observation of legal timeand space to be more expanded, as well as bringing the social function into full play.Based on the difficulty to apply, register and win the lawsuit during the implementationof the Regulation, this paper analyzes it from the effectiveness perspective, and seek toimprove the effectiveness of the methods and initiatives. This paper is divided into five parts.In the first part, the author briefly introduces the research background, research status andsignificance of the paper. The second part explains the concept of the effectiveness of laws.By discriminating the relative concept concerning legal implementation, law enforcementand legal validity, it deepens the understanding of the effectiveness of the law. In the thirdpart, the author selects several cases after the implementation of the Regulation, makessummary and then analyzes the effectiveness status of it. The fourth part describes the legalsystem of the disclosure of government information in the United States and Japan, and itspractical experience as well as enlightenment. The last part considers the improvement ofChina’s effectiveness of the Regulation and puts forward some recommendations.