The Study On The Exemption Of Publicity About Procedural Government Information

Government information publicity is the production of apolitical democracy and sound legal system.It is a guarantee to achieve the right to know. In the context of the principle of publicity, the scope of the exemption to public plays an important role in determining the range. However, the existing legal norms not have uniform requirements about the exemption of publicity of procedural government information, resulting in the same problem in different processing results. Now, exemption of publicity of procedural government information has these problems:legislation touch with reality; abuse of the exemption of publicity; lack of effective oversight mechanisms and the remedies. Thus, made the following suggestions:improve legislation; attention to the power of public participation; establish a correct concept of the exemption of publicity of procedural government information; improve the rights of remedies. Paper is divided into introduction, body and conclusion.The first part is the basic theory about the procedural government information. This section describes the different understanding of procedural government information; defining standards of defining standards of procedural government information; the relationship between procedural government information and government information refer in "People’s Republic of China Government Information Disclosure Ordinance"(hereinafter referred to as the "Regulations"). Procedural government information attached to administrative act, formed in the course of administrative acts, in discussion, research, review stage. Procedural government information is also part of government information, just under normal circumstance, the law gives it the privilege of exemption from publicity.The second part is the analysis of the legitimacy of the exemption of publicity of government information. The ultimate meaning of the law is to protect the rights, when a conflict between the rights, need to be measured. In reality the various interests are always mutually conflict, if one of the parties is realized impairment expense of other interests, we need to assess and balance the conflicting interests, and chose the higher-value interests. Where necessary, restrictions on the right to know, because the right represents the interests significantly less than the exemption of publicity of government information represents the interests, therefore, give up the right to know is the only way to maximize overall benefits.The third part of the course is to analyze the current situation and problems of the government information disclosure. Paper analyzes the emption of publicity of procedural government information problems through different situations in different regions and practices. Stress legislation touch with reality; abuse-of the exemption of publicity; lack of effective oversight mechanisms and the remedies.The fourth part is the introduction of foreign advanced system. Through the United States, Britain, Japan and other systems, found that the exemption of publicity of procedural government information is detailed. In some countries, pay full attention terms of the interests of the public. The administrative authority must weigh the public interest as a standard to determine procedural government information. Some countries specified range of exemption of publicity of procedural government information can only be prescribed by law. Detailed legislative provisions and strong judicial guarantees effectively limits the discretion of the executive authorities, protect the citizen’s right to know.The fifth part on the basis of absorbing foreign system and n specific practical, propose suggestions to improve our process of procedural government information. We can adopt progressive legislative approach to ease the contradiction of openness and secrecy; cited measure of public interest; through a variety of ways to promote the popularization of knowledge, improve people’s democratic decision making, democratic supervision, democratic management and democratic awareness in politics; establishment monitoring mechanisms and a strong right relief mechanism to protect the right to know, limit the government’s discretion freedom.