On The Definition Of Chinese Government Information Disclosure In China

The open system of government information as a public law field all over the world the most pioneering work of a system, to governments of information globalization is the inevitable requirement, which makes before the administrative organ on the shelf of policy instruments, making resolutions etc. information public had legal support and also in varying degrees to break the administrative authorities of the door into the hard, ugly face, mouth difficult to open the situation. If the government information disclosure is the inevitable choice of the development of modern democracy and the rule of law, then the information security is to maintain a healthy social development trend must be, otherwise again good rules are likely to have the opposite effect. Boundary of openness, the degree of uncertainty may lead to the government in the performance of duties in the process of "rolling ball" like mutual prevarication, more information of some administrative organ making itself exists hidden leaks and on some level produced the definition of public security and the necessity.For the content of public and private, in our country’s laws and regulations are reflected. Our country’s security system after several decades of development, has gradually formed a "security law" as the core of a complete system, and the information disclosure in our country has just established a system, its provisions are not mature. Discussed in this paper focus on "Regulations on open government information" of national secret information defined fuzzy, uncertainty in the definition of state secrets to the administrative organ discloses its production, master of government information to the reason for imposing refused. Because of the special status of the state secret, it is very important to protect the state secret. The definition of the state secret includes the secret scope, the subject of the subject, the authority of the state. "Government Information Disclosure Ordinance" does not make it clear that many of the problems in practice must rely on the "security law" and other relevant laws and regulations to further determine the national secret, because these laws are earlier, many provisions have not adapted to the development of modern society. In order to further cooperate with the information disclosure, in 2010 our country passed the new revised "Security Act", but the revision of the activities still do not make the definition of the state more clear, clear; and the government information disclosure regulations itself on the state secrets of the conservative government, the implementation of the government information disclosure regulations, which leads to a large number of problems still exist.Therefore, improve the existing "security law" and related laws, to further determine the scope of state secrets, the main body, level and age, strict decryption procedures, and in the legislation will be the responsibility of the administrative authority to arbitrarily set the relevant information to determine the importance of the relevant information, and to amend the government information disclosure regulations, or to further the introduction of effective government information disclosure, a clear definition of state secrets of the exemption.