The Study On The Scope Of Government Information Publicity In China

With the development of economy and the improvement of democratic and legal system, the public are aware of guarantying their right to know. Government Information Publicity System is gradually developing and optimizing. And the core of the system, the scope of the government information, associates closely with whether the right of public to know can be realized or not. At the same time, the system is a sign showing the country’s political democratization level. The major countries in the world pay much more attention on the legislation of the scope of government information publicity and formulate principle of "opening information is the principle and keeping the private information is the exception". This principle makes the public’s scope to know is enlarging greatly and guarantees the public’s right to know, so that the public are positive to take part in national administration. And the principle enhances the public to supervise the government action. As for the government, the system effectively prevents the corruption events, improves the transparency of the government and promotes the government personnel to build incorrupt self-discipline. The state council promulgated the law The Government Information Disclosure Regulations of the People’s Rupublic of China in May2008, which is a new stage to build the government information publicity system of the country. However, the information publicity system is later than other countries. And the laws on the system are not complete. The last one reason is the strong sense of confidentiality in bureaucratic authority since ancient times. These problems prevent the fix of the scope of government information publicity. So the study to the scope of our country government information plays the vital role in the implementation of the government information disclosure work. From the two aspects of legislation and practice, this thesis focus on analyze the problems of our country government information publicity scope and the reasons that the problems come up. So the author throws out the suggestions to improve the scope of government information disclosure of our country. And these suggestions are based on the concrete national conditions of our country and learning the experience from the foreign country on this system. The thesis mainly adopts two approaches, analysis method and comparative method, to analyze the scope of government information publicity. From the perspective of legislation and practice, the author proposes the problems, analyzes these problems and proposes the suggestions from legislation technology to solve the problem. The thesis is consisted of five parts.The first part is the overview on the scope of government information publicity. The definition of the scope of government information publicity is provided. And then the significance of the study on the scope of government information publicity is explored. It is so important that the study on the scope of government information publicity will improve the government information publicity system, guarantee the public to know and build the open government.The second part introduces the development history of the scope of government information publicity in our country. Because of the history, the theory basis, principles and influence factors generate. And the scope of government information publicity is analyzed in theory.The third part shows the provision of the scope of government information publicity from abroad and domestic. The enlightenment is gotten from the comparative analysis method between home and broad.The fifth part proposes the suggestions from the two aspects:macroscopic view and specific legislation. From the macroscopic view, raise awareness of the rights of citizens, so that the general public to actively participate in the government information disclosure behavior; The government functions should be transformed and build a service-oriented government in order to change the traditional idea of the government personnel; The Law of Government Information, Act on the Protection of Personal Information and other relative laws should be formulated, which guarantee the law system of government information publicity to be stable; Secrecy Act should be revised, which ensures the scope of the secrets of country clearly and limits the subject qualification of the state secrets. On the specific legislation, the open government information should be listed in detail and have a clear definition on the contents and duties of different departments to avoid omitting the important information; Then the provision on the production, living, scientific research and other special needs in the application of open information should be deleted. The scope of applying for information disclosure should be expanded and the complementary role of the provision should be remained; At last, the "exception" situation is defined in detail. The scope of private information is listed to reduce the disputes on the information disclosure in order to facilitate the public to enjoy their right to know.The thesis is based on the implementation of The Government Information Disclosure Regulations in our country and uses the experience of other foreign countries on relevant provisions to the scope of government information publicity. It analyzes legislation and enforcement of the status quo on our country government information publicity scope and explores the deficiency and its reasons existing in the scope of government information disclosure. Finally, it puts forward the suggestions to perfect the scope of government information publicity.