The Legislative Analysis Of<Regulations Of The People’s Republic Of China On Disclosure Of Government Information>’s Practical Predicament

Since May1st,2008,<Regulations of the People’s Republic of China on Disclosure of Government Information>(the following referred to Disclosure Regulations) has formally come into effect, which aims to optimize the governmental governance, realize sunshine and law-governed government, and promote the government information more open and transparent. During the4year’s practice, Chinese government information disclosure has made progress, but it has revealed lots of problems, which has impeded the Disclosure Regulations’efficacy.From the analysis of typical cases and questionnaire survey in Wuhan and Shanghai, I conclude that the level of citizen’s participation and awareness is low, and the public holds a negative attitude towards the Disclosure Regulations’effects and the degree of the public’s satisfaction with government information disclosure is low as well. This deeply reflects that Disclosure Regulations ranks relatively low in legal hierarchy, the subjects of government information disclosure are too little, the scope of the government information disclosure is insufficient, the remedies on government information disclosure are deficient and so on. For these problems, the principles of public participation and control of the government self-interesting expansion should be held in legislative concept, the provisions of the disclosure scope in Disclosure Regulations should be perfected, the committee of government information disclosure should be set up additionally and litigation of government information disclosure should be improved.Only by continuously perfecting Disclosure Regulations can citizen’s right to know be protected and citizen’s participation in government information disclosure be inspired. It will not only promote the set-up of law-governed government, but also lay a foundation for the system of officials’property disclosure and application, prevent government corruption from the source, what’s more, it will contribute to establish a limited government.