The Standards Of Judicial Review And The Contruction Of The Exemption Of Disclosure Procedural Information

In China, with the case of succession, whether to disclose the government process information caused great controversy, therelative legislation, on which administrative organ and judicial organ have different judgments. In the legislation and practice of someforeigncountries’information disclosure, it is worth of reference for China that they all have full consideration and detailed regulationson the process informationdisclosure. In order to balance the public’s right to know and the administrative right of administrativeorgan, in China, the government process information disclosure should be exempted from disclosurein our information disclosurelegislation. However there should be some special discretion standards for public interest, for example:the government behaviors whichhave wide influences, such as the formulation of public policies, should disclose the government process information to the greatest.The first part describes origin of the exemption of disclosure procedural government information. Firstly, through the concept of exemption of publicity of information,the relationship between information publicity and exemption of publicity leads to Third nondisclosure clause.Then dive into the concept of process information and finally by exploring the procedural information and government information, administrative actions, internal information of the three mutually relationship further in response to its determined nature of the different voices.The second part introduces the value of the exemption of disclosure procedural information.The value of the exemption of publicity either from theory to find, there are also practical responses.Theoreticallevel,deeper foundation of the exemption of disclosure are the principle of balance of interests,the principle of honest,the principle of social stability,the principle of protection of procedural justice.The practical significance is that helps clear principle provides that improve the system; to meet the technical requirements of the legislation, improve public practice exempt operability; reasonably limited executive discretion, enhance the credibility; protect the citizens’right to information, increase enthusiasm for democratic participation.The third part introduces the dilemma of the exemption of disclosure procedural information.The system of exemption of publicity is facing three pairs of contradictions in its development process:the conflict of the absence of legislation and judicial review in reality; the conflict of administrative action and the identity of the same discretion; the conflict of function of judicial judgment and the appeals of the people. Specific performance, the exemption od publicity of procedural information lack universal basis, the fuzzy zone existed between ministries and local regulations, the judicial interpretation to be avoided; administrative organ administrative discretion tendency while avoiding disadvantages with procedural reasons as a pretext; the function of the judicial authority to resolve disputes, relief rights are limited.The fourth part introduced the possibility of improve the system of the exemption of disclosure procedural information. The disclosure government information is a systemic work, is a matter of legislative regulation, administrative discretion and judicial relief. Internal review of the regulatory is as important as external environment strengthening for regulation and improvement of the exemption of publicity,so need inside and outside the division of labor and common force.In censorship rules, we should pay attention to distinguish information between opinion and factual, distinguish information between before and after the decision-making, to comply with the principle of severability of information, the introduction of public interest standards of review; in the external regulation, must from the aspects of consensus of the public participation, administrative duties fulfillment,the role of judicial relief to do it.All in all, the unlock of the exemption of disclosure procedural information controversy cannot be out of the process. Judicial organs must also draw new experience of the publicity of government information from the judicial practice.The unlock of the exemption depend more on the improving of information disclosure system, more and more independent justice,the administrative concept of government and the improvement of environment of law.