The Research Of The Confidentiality Review Mechanism In The Government Information Disclosure System

The implementation of the Regulations on Government InformationDisclosure (RGID) for the first time provided legal protection for citizens’ rightto know, but it also specifies the disclosure exception. Confidentiality reviewmechanism, as one of the core part of the government information disclosuresystem, is the interest balance between information disclosure and disclosureexception. The establishment of effective confidentiality review mechanism, itsvalue lies in the protection of citizens’ right to know and guarding the secrets inthe meantime.This paper analyzed the confidentiality review mechanism in thegovernment information disclosure system from the perspective of state secrets,in combination with the coordination and implementation between the RGIDand the Law of the People’s Republic of China on Guarding State Secrets. Thispaper, from the perspective of specification, selected secrecy administrativedepartment as the pointcut, observed the present situation in the implementationof RGID and put forward three problems. First, the enlargement of review body,second, the inaccuracy of review standards, and third, the afterwards reviewprocedure. From the empirical perspective, this paper analyzed some lawsuitcases related to the government information disclosure, and put forward theproblem that the judicial review is hard to involve in such cases. Accordingly,this paper put forward some way of thinking, that is, to strengthen the external review function of secrecy administrative department, to make a clear definitionof state secrets, to eliminate afterwards review procedure, and the courts shouldmake independent judicial judgment through effective judicial review.