Our Country Government Information Publicity Exception Matters

Since the1980s, our country is constantly advancing and deepening the reform of administrativesystem, the purpose is to adapt to the development of reform and opening up and socialist market economyrequirements, constantly advancing and deepening the reform of administrative system. One of the goals ofthe reform is through the government information disclosure in order to realize the transparentadministration, has got effective and sufficient practice in our country. Especially the implementation of thelaw of the People’s Republic of China government information disclosure ordinance, in the landmark in theprocess of our government information public rule of law, indicates the work toward the aim of thetransparent administration, administration according to law in our country a big step, our countrygovernment information publicity work as well as ushered in new opportunities for development.Investigate its fundamental is inseparable from the government information disclosure supervision by thepeople, because of the people, is the nation, national power is given by the people. And eventually return tothe people. Administrative authority is the power to exercise the body. The people for the governmentexercise the power of the procedures, content and process shall enjoy the right to know and to supervise.Published in2008the government information publicity regulations will disclose the informationmentioned above to the statutory form, the practice of the government information disclosure regulations,for the definition of government behavior in our country and the people’s vital interests play a greataffordable, supervisory role. Rules not just give a government obligation, honest disclosure, can makepeople more trust to his government, also prompted the government to fulfill its own positive and efficientbehavior, for people don’t neglect, and seeking truth from facts and keeping pace with The Times.Engineering government information disclosure is the core of the new government reform in ourcountry, scope, procedures and contents of the public is the core of the research on government informationdisclosure, and the exception of its disclosure, tend to be important for many people, but people in theeveryday encounters in the process of government information disclosure are not exceptions to the public,for the concept, principles, legislation is relatively confused or simply don’t know what are the exception,what kind of exceptional circumstances are there, whether exception must not open or set up certainconditions after can open, and so on. Because our country is in now with the center of economic high speed development stage, under the framework of high speed economic development, the rule of law, law andeconomy blend each other, complement each other, is the inevitable trend.First of all, this article from the government information disclosure exceptions related basic theory asa starting point, which is divided into five parts, respectively expounds the concept of governmentinformation publicity, the necessity of the public, the theoretical foundation of the public, the scope ofinterpretation of the public exception events and exceptions to the rule of government informationdisclosure relief system. The first part of the full text so play a matting role.Second, the second most major exception matters the government information publicity and itslegislation about the exception analysis at home and abroad, the total is divided into four parts, the firstnarrative exception types, analysis of information disclosure legislation exception events defined principlesand methods. And then analyse the foreign government information disclosure exception legislation idea,choose the two representative countries, comparing the United States and Australia, the last to our countrygovernment information publicity exception events, described the status quo of our country governmentinformation publicity exception, summarizes our country government in terms of information disclosureexception events.Finally, the third part is the individual’s innovative, mainly put forward to perfect the construction ofgovernment information disclosure exception matters in advice, which is divided into five small part, firstof all, should increase the regulations about the our country the exception inside the range of items.Secondly want to strengthen the government information disclosure exception matters involving sensitiveinformation integration. Again to analysis of some representative developed countries abroad about thegovernment information disclosure exception legislation principles and methods, to find some suitable forthe situation of our country’s legislation experience for reference and study. And then to define our countrygovernment information publicity exception matters related concepts. The last is to talk about how canlimit the discretion of administrative organs is too high, better protection of the citizen’s right to know. Fulltext’s foothold is that the government information disclosure exceptions to the theoretical basis, andaccording to our country the government information disclosure regulations in the analysis about theprovisions of our country’s information disclosure exception event definition and method, etc. Combinedwith foreign governments concerning the information disclosure exception items legislation defines the methods of evaluation, and to a certain degree of reference. Draw lessons from foreign method of theprovisions of the special exception items, such as to establish judicial review of public supervision andreview of the problems, such as exception information to exceptions in contrast, our country governmentinformation publicity regulations of some disadvantages, and on this basis puts forward some more to itsreform and improve the rationalization proposal, for these reforms improve the method is feasible, the pathis practical and effective, also need to wait for time to test and practice, after all, truth and scientificdevelopment are all situated in a process, from shallow to deep.