Research On The Exempt Matters Of Chinese Government Information Publicity

With the development of market economy and the promotion of network technology, information has become an important element of our daily life. The world has established a government information disclosure system in the form of legislation, in order to build a transparent government and protect the right to know of the citizen. Legislate on the government information disclosure starts late in our country. After the SARS, Wenchuan earthquake in and other significant events, the pursuit of the right to know of the citizen has been intensely increased. The implementation of the "People’s Republic of China Government Information Disclosure Ordinance"(hereinafter referred to as "Regulations") on May 1, 2008, opened system of government information. This article is mainly on the exemption of the government information disclosure, in order to improve the system of the information disclosure. Knowing well of the boundaries of exemption of the government information disclosure to limit the freedom of the executive organ of a measure to avoid any administrative organ to "exemptions" as an excuse to reject malicious disclosure of government information, therefore violate the public’s right to know.Firstly, as a starting point, the article talks about some theories, this includes the definition of the government information, the exception of the principle of the government information, and the justification of the exemption of the government information disclosure.Secondly, the exemptions of the government information are divided into general exemptions and specific ones. On the basis of it, we have a further research. From this, we summarize the issues that exhibit in the course, learn from foreign advanced ideas, and seek to improve our government information disclosure exemption. General exemptions refer to the three specific exemptions which the Regulations states: country secrets, commercial secrets, personal privacy". First, know the connation of those three, and then analyze the defects and deficiencies that in the context of the government information disclosure. Special exemptions are those that are not explicitly referred to in the Regulations but more controversial in the practical operation. That is "three securities, a stable", the process of government information and internal management information. The author disagrees the provisions of "three security, a stable", which should be deleted. However it should be replaced by fining and clear enumeration to specify the exemptions. Because the process information and internal information refers to the public interests, sensible standard and effectively regulate must be built. In the end of the penultimate chapter, the plights of the presence of the above exemptions are summarized, which puts into four areas plight. First, laws and regulations are not perfect, resulting in vague definition of exemptions; Second, the low rank of the "Regulations", that violates other laws and regulations; Third, the professional competence of the administrative authorities should be enhanced and standardized; Fourth the difficulty of Judicial Remedies and the large limitations of state compensation.Finally, more rationalization proposals to improve the exemptions are suggested on legislative, executive and supervise. First, at the legislative level, the right to information included in the "Constitution" will safeguard the right of the citizens from basic law. Develop "Government Information Disclosure Law" and supporting the revision of laws and regulations will provide legal protection for government information disclosure system. Second, to executive itself from the start, focusing on the production and preservation of information, improve the professionalism and competence of administrative staff, and to broaden the channels of information disclosure. So can the public timely and effectively access to government information. Third, learn from foreign experience, and based on our national conditions. The author improves some suggestions on the oversight mechanisms and judicial relief mechanism of the government information disclosure.