On Opening The Decision Of Administrative Review

The decision of administrative review is a kind of government instruments which made by the organization of administrative review. It records the results of the administrative review, and represents the end of the administrative review procedure. Government believes and initiates that open the decision of administrative review can effectively enhance the credibility of the administrative review.Currently, there have already been a lot of organizations of administrative review conducted a pilot practice to open the decision of administrative review on the Internet. However, there are just the particular cases, not all decisions on the Internet. Meanwhile, people passively resist opening the decision because they afraid of exposing personal privacy and trade secrets. Organizations of administrative reviewopen the decision negatively because of lacking public relief system at the same time. How to open the decision of administrative review becomes a "roadblock" in practice.Academia not yet treat opening the results of the administrative review as a theoretical focus, they are still exploring the effectiveness and procedures of administrative review. There is no system for opening the results of administrative review, so, in order to bail out "circular reasoning" we must learn the theory outside the system. The system of government information publicity is the most typical one. Firstly, through analyzing the conception of government information, the decision of administrative review meets the three characteristics of government information, which are administrativeness,conclusiveness and separableness, and it is a typical government information. Secondly, through government information publicity system and the case study method,we can create and develop the standards of personal privacy and trade secrets. Finally, people may apply for administrative review and administrative litigation proceedings who dissatisfied with the government information public, which provides them with legal remedies.However, only drawing on government information public system does not solve all problems. Information once opened on the Internet is difficult to hide---- information which is involving personal privacy and trade secrets in the decision for administrative review once opened, will bring irreparable damage of them. Therefore, there must be targeted to increase informed objections, appeals and withdrawal procedures to propose and resolve disputes relating to personal privacy and trade secrets. In addition, we should return to the basic principles about effectiveness of administrative law and cure defects of administrative actions: organization for administrative review can undo or redo if the decision is wrong. This can exclude worries of staffs.