The Study Of The "the Three Needs" Term In The Government Information Disclosure System

The Regulation of the People’s Republic of China on the Disclosure of Government Information has been implemented for eight years, tremendous changes in China’s social, political, economic occurred. After a long practice of government information disclosure system still confront controversial issues? What is the reason for the existence of these disputes? Why dispute cannot be resolved?Holding these questions, we select from the judicial practice of a number of cases start, through case analysis, research in practice all the controversy caused by the Regulation on the Disclosure of Government Information "Article XIII" normative analysis of the way and tried probing controversial deep-seated reasons, in order to solve the bottleneck of the development of government information disclosure system to provide intellectual contributions.In the case study, I found the reason why the parties involved in the practice of the same legal provisions would generate controversy, above all because of the normative aspects of the problem, because the Regulation on the Disclosure of Government Information "Article XIII" in "production, living and scientific research and other special exercise needs" of the uncertain legal concept exercise leaves too much leeway to choose the executive discretion. Meanwhile, this controversy is the executive, the judiciary, public parties from their own interests, resulting in information disclosure practices in mutual influence. The author separately from the information disclosed in the practice of power, standardize the construction, the parties concerned to start the behavioral level, system and practice to explore the reasons behind the controversy overshadowed. I believe that the reason causing the current information disclosure practices troubled mainly by the limitations of government-led development model system caused, in this mode, the executive in the information disclosure work in discretionary space is too large, the judiciary and oversight functions relief play less, the legislature in the absence of long-term level of system construction, information disclosure citizens’ needs are not well met. Finally, the author experience starting from the outside to the legislative, executive and judicial powers played their respective roles in the information disclosure system as the purpose, the proposed Regulation Construction from the legislature to play the fundamental role of the executive authorities in accordance with the requirements of the era of self-restraint and judicial oversight and give full play to the dual functions of security, in order to promote the healthy development of China’s information disclosure practices.