The Research On The Exempt System Of Chinese University Information Publicity Of The Legal Issue

Openness, transparency is the basic meaning of the rule of law, university information publicity disclosure is beneficial for the regulation of universities public authority and the progress of university governance, to improve the social adaptability and competitiveness of the university. However, the university information has its own specialty compared to the others. Although the university have a public nature, but it doesn’t mean that can make public all the information without hesitation, there will always be some exceptions, for example, public exemption. To make clear the range of the university information disclosure exemptions can effectively prevent the university form neglecting their disclosure obligations on the excuse of uncertain exemptions, at the meantime, it will enable universities to gain more autonomy to protect their academic freedom.Firstly,the article summarizes the content of information disclosure of college,and discusses the reason of the existence of the exemptions, that is the inevitable result of a balance between the interests of each other, but also an effective way to protect university autonomy and academic freedom, however, exemption should be strictly limited, or it will harm the realization of citizens’ information right. Because of defect of the university information disclosure exemptions legislation, such as the relatively narrow scope of the law, the conflict with the superior law, the vague scope of exemptions, the little attention to the protection of civil rights, the simple relief channels. The situation that the university dodge the information disclosure in practice according to university exemptions will be the stumbling block to the progress of China’s university information disclosure.This article is mainly analyzing the defects of university information disclosure exemption provisions, and using the advanced experience of the overseas countries and regions for reference to propose appropriate measures to improve them. The article suggests an improvement of the regulation of the exemptions like following the guidance of the superior law in the scope of application, identifying the principles and aims of legislation, dividing the university research information and trade secrets by defining the specific scope of the state secret to refining the content of the exemption.In addition, it should make college pay attention to personal privacy exemption, focusing on civil right protection. Besides, it should improve the relief system and add the relief means such as administrative reconsideration and administrative proceedings,etc. in order to achieve balance between the various stakeholders.