Research On The Review Of Internal Documents In Governmental Information Publicity Lawsuit

The system of governmental information publicity is of profound significance on guaranteeing the citizens’ right to know, promoting transparency in government work and preventing corruption. China’s government information publicity work has achieved great progress after the promulgation of specific laws and regulations, but there are still many problems, especially the frequent refusal by administrative organs to disclose government information using "internal documents" as shield. This article intends to clarify the boundary of the publicity of internal files and offers thoughts for the judicial review of internal document in the information publicity lawsuit.The article is divided into four parts. Introduction, as the first part, scratches the content, main principles and significance of the government information publicity system and leads to the topic of this article. Then it reviews the relevant research status and generalizes the writing thoughts, methods and significance of this article.The second part collects three classic cases of applying for internal documents publicity.The article generalizes three focus issues from the three cases mentioned on whether internal files belong to government information, whether internal files belong to the exceptional items of government information publicity, how to define the scope of disclosing internal files, and sums up the logic for the court to judge cases.The third part makes concrete analysis on the focus issues of the cases. First, it demonstrates that internal documents should belong to the general government information by transforming internal file types into internal management information, process information and other internal information through the connotation of the documents, combining the analysis on the main body, nature, way and form of government information publicity. Next, low-level regulations specify that internal management information and information under discussion, research and review do not belong to the government information which should be made public. In judicial practice, the internal management information is often not opened because it is of no legal binding force, has nothing to do with the public interest, and even gets in the way of administrative function. Process information is not opened in order to ensure the honesty of exchange between administrative organs and social stability. In consequence, it demonstrates that internal files are exceptional issues of government information publicity. However, internal files are not absolutely the exception which requires specific analysis under different circumstance. Finally, the author explores the range of part that can be opened of the different types of internal files—internal management information, process information, subjective information and objective information.The fourth part draws conclusion on basis of the analysis on the second and third part. It puts forward the principles and concrete methods of judging whether the internal document should be opened or not. When judging, the balance of interests and divisibility should be followed. This part discusses the concrete methods from six aspects—whether the internal document exists, whether it belongs to government information, whether it is within the range of public management information, whether it is part of the public process information, whether it is under the situation limited by confidentiality clauses indirectly, whether it belongs to the situation limited by “secrets” and“three securities and one safety”.