The Identified Of "State Secrets" In The Government Information Publicity, Take Environmental Information As An Example

Dong Zhengwei, A Beijing lawyer applied for the government information about the national soil pollution status to the Ministry of Environmental Protection of China on February24,2013. The Ministry of Environmental Protection rejected his application and declared the relevant information involving state secrets. The event caused widespread concerns. Since the haze enveloped our country from the year2012as well as the’cancer villages’are frequently found in the country, environmental issues have become the issue that people most concerned about, exactly knowing the environmental status has become the increasing basic demands of the majority.Since the’state security and interests’belongs to the concept of uncertain legal, the Identification of environment information as "state secrets" is very fuzzy, judicial review for this issues is also very modest on the identification of "state secrets" in the content and program review. By analysis of the current specification in this paper, I want to show the present situation of judicial review and take environmental information in the field as an example, from both inside and outside approach. I try to take the’list’exclusive method and "space" analysis of environmental information disclosure of "state secrets" are identified. According to the relevant government information if the information belongs to the "list" the government could not identified it to a state secret. But in the content, administrative organs and judicial organs should follow the "reasonable and benefit is more than fraud" and "no overt, obvious errors and arbitrary" standard definition to identify’state secrets’, then in the judicial review procedure,’the provisions of the definition of state secrets’must strictly abide by the relevant laws.