Research On The Confidential Review In Exemption Of Governiment Information Disclosure In China

The Confidential Review in Government Information Disclosure, which aims at legally and effectively evaluating whether some government information is immune from disclosure, is one of the core norms for the exemption from disclosure. The Confidential Review is the final step for administrators to assess and determine whether certain government information is to be public or classified. Both researchers and practical persons pay emphasis on studying and perfecting the Confidential Review System. Meanwhile, due to a later start in China, it still remains various problems to constitute the Confidential Review System in GIDS.In this dissertation, some immune events, such as national secrets, business secrets, and personnel private, are selected as perspectives. And methods like positive analysis, contrast analysis and value analysis are used to discuss a series of issues that:theories about the immunity system and the confidential reviews mechanism; indicating how the Confidential Review System implement currently and reflections; analyzing problems that remain in practice of the Confidential Review System and the reasons why they have been the problems; in the end, after a in-depth study on the main purpose, principal part, norms, procedure, supervision and responsibilities, a scientific and effective Confidential Review System in GIDS will be posed. There will be three parts in this dissertation.The first part is to analyze the relative theoretical basis of GIDS, the Immunity System, and the Confidential Review System; and definite concepts of the government information, the Government Information Disclosure, the Immunity Disclosure, and the Confidential Review. In addition, it will indicate that the Confidential Review is the prefixed stage of disclosure or exemption and present applicable objects of the Confidential Review System.The second part is to, first, through some examples, analyze the problems existing in practices of the Confidential Review System. And then by comparing the different norms from State Department and provinces like Beijing, Shanghai, Guangdong, Anhui and Guangxi, this dissertation will pay importance to canvass legislation of the Confidential Review in GIDS in China.The third part is to analyze those existent problems in the Confidential Review System and come out some suggestions as to perfect this system in China.