Executive Information From Internal Process To Define The Scope Of The Disclosure

Procedural government information refers to the administrative authorities in making administrative decisions or completing specific administrative act in the responsibility to produce or obtain (have received or to be served), external do not produce direct binding of the investigation, discussion, in the process of the ultimate information."The Regulation of people’s Republic of China on the disclosure of government information" does not make any provision of procedural information, although the Regulation includes the public scope and exemptions from disclosure situation for the Government Information. If the government information is still in the research, discussion, or the government information is constructive or phased in the process of making the final decision, and the final conclusion or the final decision has not yet formed, whether public, is a problem."The general office of the State Council on the disclosure of government information upon application views" has pointed out that:" the government information provided by the government administrative departments should be formal, accurate, complete, which can be officially used in production, life and scientific research, but also can be used as evidence in in the litigation or administrative procedures. Therefore, the internal management information produced or acquired by the administrative authority in daily work or in the process of discussion, research or review, generally do not belong to the public scope. Some local legislation enacted before or after the Regulation has provided some aspects of procedural information, there are certain differences between each other. The content lacks clarity and unity for exemptions from disclosure scope and limitations of standard, requiring to be unified. Judicial interpretation issued by the Supreme People’s Court also avoids this problem. The legislative omissions lead to administrative public work and administrative trial activities appear different opinions on this kind of information publicity or notThrough the analysis of domestic and foreign related laws and regulations, differences have been found. Firstly, foreign legislation usually divides process information into two different aspects, subjective and objective, and then set the conditions respectively. Secondly, most countries use conditional exemption mode, meantime setting exception conditions. Thirdly, exemption from public factors are not only limited to one, which is more specific and clear than those of our country. Commonality is that domestic conditional immunity of procedural information public is accordance with foreign relieved legislative model. Even some legal limited conditions are the same.Take advantage of enacting administrative procedural law or revised "Regulations" opportunity, adding the matters---"Procedural information" in the scope of the public. Three original types of government information (initiative public government information, applied public government information, exemption from the public Government Information) is respectively added "subjective process information" and "objectivity" process information, and each of them regulates specific and explicit, which has maneuverability.