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Research On The Confidentiality Institution In The Context Of Disclosure Of Government Information

Posted on:2016-06-13Degree:MasterType:Thesis
Country:ChinaCandidate:J B HeFull Text:PDF
GTID:2336330512469995Subject:Public Administration
Abstract/Summary:PDF Full Text Request
China is in its stage of accelerating transition from the industrial society to the information society,which highlights the growing importance of information.Government information disclosure is the necessary measure to build a democratic and sunny government with the rule of law and fully protection the citizens' right to know.However,government information,in addition to the information available to the pubic,contains plenty of state secrets,work secrets,commercial secrets and personal privacy,etc.that should not or are not suitable to disclose.Protection of such information,especially protection of state secret information,is also a necessary practice for a country to maintain national security and interests,and safeguard public security,social stability and public interests domestically.It can be said that disclosure and confidentiality of government information are two indispensable sides for the whole story.At present,China is facing a rigorous situation on government information disclosure and confidentiality.On the one hand,government transparency is challenged,as the disclosure of government information is not enough in breadth and depth and some administrative authorities refuse to disclose or do not disclose government information as legally required;on the other hand,the state secret information is not defined accurately that results in frequent occurrence of divulgence of secrets.It is facing great threats and challenges to keep state secrets.How to properly handle the relationship between disclosure and confidentiality of government information in a way both protecting the public's right to know and resolutely safeguarding the public interest?It has become an important issue to solve for the government at all levels.The author's study of experts and scholars' documents on the relationship between disclosure and confidentiality of government information in recent years shows that currently the majority of scholars hold the opinion that:"The two sides are contradictory in China;the conflict between them is far larger than the harmony between them;confidentiality has hindered the development of information disclosure;so it is stressed to break the barrier of confidentiality to vigorously promote the disclosure of government information.In the author's opinion,the opinion of such scholars are not lack of insight but the two sides are interrelated and interdependent dialectical unity;to reconcile the contradiction and find a balance between them to promote their harmonious development,it is the practical means and right way to protect both the national interest and the public interest.Meanwhile,the scholar's research on how to strengthen and improve the disclosure of government information is far more than the research on confidentiality of government information.This study,thus,will focus on protecting the confidentiality of government information under the giant environment of disclosing of government information.Therefore,based on study and summarization of many scholars' views and opinions,the author has carefully combed the concepts on disclosure and confidentiality of government information,studied China's history in the government information disclosure and confidentiality,made a comprehensive analysis of China's status quo on in it,and searched after the commons of China's prevailing disclosure and confidentiality of government information in legislation.On this basis,the existence of four problems are concluded,i.e.insufficient definition on the scope of state secrets,too broad on censorship for information,insufficient censorship before information disclosure insufficient operability on the secret defining basis,and the need to break through the obstacles of traditional concepts and practices for information disclosure.Then the author studied the development history of several typical foreign countries mature in information disclosure and confidentiality,including USA,UK,Sweden and Japan,and considered the domestic and internal information disclosure and confidentiality practices in a vertical and horizontal comparison manner,and finally,the author got the conclusion that information disclosure and confidentiality always supplement with each other,both are closed linked with the characteristics of the times,and China should not copy the foreign practices in this field for its special conditions.And thus the author proposes a systematic solution to these problems in an effort to conciliating the contradiction between disclosure and confidentiality of government information and promoting their joint development through the efforts in the four aspects of fully understanding the dialectical unity of both,defining the boundary between them and balancing their relationship,making a good definition of secrets according to the principle of appropriate information disclosure and confidentiality and weighing the pros and cons,improving the performance of confidentiality before disclosure,achieving a better service guarantee on information disclosure with a more scientific work on confidentiality and making confidentiality serve the disclosure from the perspectives of ideology,scope,qualitative and action so as to safeguard the state security and pubic interests,achieve the safe and lawful disclosure of government information and push forward the development of a build a democratic and sunny government with the rule of law.
Keywords/Search Tags:Government information, information disclosure, confidentiality, balance, solution
PDF Full Text Request
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