Exception Rule Of Government Information Publicity

The statute of the People’s Republic of China government information disclosure, which is promulgated in 2007, is known as the "revolution of the government". But five years’implementing also reflects many problems, which are closely related with the serious defects of the law. The scope of government information publicity is one of the most important issues in the statute, and the exception to the government information disclosure is the core and key of the government information publicity, which determines the scope of information disclosure and the realization of citizens’ right to know. Thus, the scope of government information publicity, especially the exceptional rule is in a significant role in the construction of government information publicity system.This paper bases on the "exception" but means to the "disclosure". The research of exception to the rule reflects the breadth and depth of government information disclosure. It is only to dwindle the range and clear the content of exceptional information, so that it could expand the right to know. This paper bases on the rationality of the exception rule, then research the related theory and system problems of the exception to the rule of government information disclosure.Chapter one describes the concept, classification, the theoretical basis and the applicable principles of the rule of exemption of publicity, which aims at providing theoretical basis for full text analysis. Chapter two deeply analyzes and discusses the present situation of legislation in China. Legislation’s conflict, "to public as the principle, not open as exception" this basic principle’s absence in the government information disclosure regulations, narrow public scope, abstract definition, lack of procedural rules and so on, all of these lead to the expansion of the administrative discretion in using the exception rule.The third chapter focuses on how to better apply to the rule of exemption of publicity under the current legislative situation. This chapter respectively analyzes the state secrets, commercial secrets and personal privacy and the coordination problem of "the secrecy laws", "the archives law". This chapter bases on the true cases, analysis of the relevant theory and law, elaborating how to better apply the rule in order to achieve maximum of the citizen’s right to know. The last chapter focuses on the improvement of legislation, establishing the basic principle, taking the listing technique to gradually reduce the scope of government information disclosure exception, and stipulated a relatively mature procedural system in order to to perfect the exceptions rules of the government information disclosure.