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The Judgment Framework Of ’Generally Keeping Internal Management Information Private’

Posted on:2017-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2296330488465542Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The words of’internal management information’ first appeared in 2011,which is gradually becoming the third legal basis for exception to the government information disclosure.However, current legislation may not be able to offer any explanation of internal management information, and theorists have not reached a consensus on this issue.To solve this problem,practical method is to explane the text,meanwhile,analyzing combined with cases and theories is also essential.This paper starts with the judgment framework of’internal management information’,the composition elements,limitations and exceptions shall be paid close attention.The composition elements is the daily quality and the internal quality;the limitations is whether the disclosure of’internal management information’ will hinder our government from carrying out its duty.And on this basis we should admit that there are exceptions to the article of internal management information remaining closure,which helps improve the overall judgment process.After weighing the interests,internal management information protection is the inevitable choice.This paper will analyze from different aspects including applicable principle,interest classification and interests comparison.Aimed at the drawback that interest weighing measurement is lacking objectivity,it is vital to strengthen the demonstration.The extent of internal management information disclosure would be developed as the evolution of conditions of state and society, and even become completely open. However, under the background of government information disclosure is still developing, we should focus on limiting the space of private information.It can be said that,the work of defining the connotation and denotation of internal management information is just the beginning.
Keywords/Search Tags:Internal management information, The composition elements, The limitations, The exceptions, Interests weighing
PDF Full Text Request
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