Controlling Administrative Discretion In The Field Of Government Information Disclosure

May 2008, the official implementation of the People’s Republic of China Disclosure of government information regulations bring a lot of glory for the construction of Chinese rule undoubtedly. However, Under the current political system, relying solely on this regulation to revive the citizen’s ordinance right is not enough. Most of us have heard of "soft resistance" message during executive the regulation. The focus of this problem lies: The government in the field of information disclosure have too many administrative discretion, so the external control is difficult to play the actual controlling effect. In view of this, the author make the executive theory talking about the issues in control of government administrative discretion in the field of government information disclosure under the new context.Self-administration theory is the breakthrough point in this paper discussing about the real-life existence of government information in the public domain issues. The topic of this paper is to control the administrative discretion in the field of government information disclosure. Papers Deep layers of advance. First, from the understanding of the administrative discretion in the field of government information disclosure, puts forward many problems exist in the field of open government information to arrive at the central theme of this paper, and proposes two main controlling ways: the external control and self-administration. Secondly, pointing out the practical difficulties in the specific areas with the external control. Including the plight of legislative control, the plight of judicial control and the plight of social control. The results summary: External control of the administrative discretion in the Field of government information disclosure should not play some effects, which leads to the self-administration theory. The feasibility of Self-administration theory has been controversial, so it is necessary to make certain theoretical basis and discuss their feasibility. Thus, the author testify the theory from political science, sociology, economics, etc. And make analysis of the feasibility from making inherent in traditional Chinese culture from homemade factor, the rise of the service administration, the executive power inherent rationality, etc. Then put the specific path of government information disclosure of self-control in the field of administrative discretion. Specifically including conceptual Self-administration, institutional and organizational Self-administration. Finally, draw the final conclusion of this article: The final destination of controlling the administrative discretion in the field of government information disclosure is the external control and self-administration is the key way.In summary, this paper does not deny or exclude external power to control the administrative discretion, but in the particular field of government information disclosure, the author is more inclined to self-administration, In a word, inside and outside of the control that focus on self-administration is the best choice to control the administrative discretion in the field of government information disclosure.