On The Government Information Publicity During Solving Public Emergency

For safeguarding the public interest, it is necessary for the executive to useits administrative emergency power in order to restore the social order andprotect the citi’zens personal and property rights as soon as possible when thepublic emergency is coming. But using the administrative emergency power willalso lead to the abuse of administrative power and the infringement of citizens’personal and property rights, as a result. For achieving the right to learn the truth,the system of government information publicity is built in order to supervise theexecutive.However, the implement of government information publicity will probablycause the disturbances because of the fear of the public emergency or thedissatisfaction with the executive who didn’t deal with the public emergency well.The disturbances will lead to the infringement of citizens’ personal and propertyrights in turn. Thus, there is a confliction between safeguarding the publicinterest and achieving the right to learn the truth in the system of governmentinformation publicity during solving public emergency. How to deal with theconfliction is the core problem to answer in this thesis.Author chooses the principle of proportionality to measure this pair ofconflictive values. From the occurrence to the end of the public emergency, theinterest which should be protected first keeps changing. So, Author proposes thatthe public emergency should be divided into four stages in order to achieve theright one of the two conflictive values first.Author proposes that the disturbance leads to the conflict betweensafeguarding the public interest and achieving the right to learn the truth. Thesetwo values will be achieved at the same time when the possibility of thedisturbance is reduced.In order to reduce the possibility of the disturbance, Author proposes threesuggestions according to the laws and regulations. The suggestions are following:In aspects of the way and the content of government information publicity,the feasibility that government information publicity is proved to have the abilityof ease the public opinion opposition. The relative laws and regulations of the way and the content of government information publicity should be refinedfurther in order to limit the possibility of the abuse of the administrative power.In aspect of the supervision, making and getting the government informationshould be paid attention, or the distrust of the accuracy of the governmentinformation will not be solved. The supervising system of making and getting thegovernment information with citizens’ participating should be built.In aspect of the government responsibility, at the first two stages of publicemergency, it’s difficult for the executive to implement the governmentinformation publicity with the accurate information in time. The executive shouldnot be punished at those stages, or they will not implement the governmentinformation publicity actively anymore. At the ifrst two stages, the governmentresponsibility should be reduced, and at the rest two stages, the responsibilityshould be enhanced.In summary, Author proposes that the conflict between safeguarding thepublic interest and achieving the right to learn the truth should be recognized inthe system of government information publicity during solving public emergency,and which value should be achieved ifrst should be measured according to thefour stages of public emergency. All the suggestions mentioned in the thesis arehoped to be helpful to offering the possibility of achieving these conflictivevalues at the same time.