The Research On Exemption From Disclosing Of Administrative Procedural Information

Our administrative affairs,in recent years,remarkable achievements,then the study of administrative procedural information is very slow.There are many problems,For example,The Government Information Disclosure Ordinance does not mention it,the provisions of the state council departments and local government regulations are not uniform and so on.This issue is an important step in improving the government information disclosure system,it should be the same as the result government information in limits.Therefore,it is necessary to explore the disclosure system of administrative procedural information.Under the guidance of the principle of "to open the main,not open as an exception",with the characteristics of the administrative procedural information,these information can also define t-he open scope.And keep the exception that can make public,meanwhile,improve its accompanying administrative system.Those can improve operability of the operation and those are good for the right to know and executive power.Firstly,based on defining the concept of the administrative procedural information,this paper tries to find the relationship with government information.And separate from internal management information and administrative decisions.Then this paper describes the real problem of the administrative procedural information existed on the legislative,executive and judicial point of view.There are many uniform provisions and absolute tendency in enforcing the law,and judicial review standard is inconsistent.These problems causes there are too much administrative procedural information which is not disclosed.Thirdly,in many countries,the current practice of administrative procedural information is usually not disclosed.China's existing norms also provide that such information is not disclosed.But it is easy to miss the special situation.And it is not benefit to administrative work.So,to ensure the normal executive decision-making,and improve administrative efficiency,administrative procedural information should be based on the principle of non-disclosure.But to avoid the abuse of some departments of the system,We should limit the scope of the undisclosed and the scope of the disclosed strictly,and prevent authorities from taking an expanded interpretation.Specifically,they are not allowed to public these administrative procedural information that formal,affect social stability,effect frank expression of opinions and repeated.This way may ensure the normal operation of the executive.At the same time,to protect the citizen's the right to information within the statutory range,administrative procedural information disclosure may also respond to enumerate,such as factual information.At last,from the current actual situation,and refer to the foreign experience,this paper puts forward the proposal to solve this problem.As a socialist country ruled by law,the key to solving this problem is to ensure that procedural government information is lawful,and to determine the range of exemption and responsibility.Then provide institutional protection.For example,using the principle of distinction guarantees citizen's the right to know,making full use of the principle of proportionality in administrative law as a review standard,taking advantage of administrative reconsideration,and so on.These practices can reduce the cost of the judicial relief and improve administrative efficiency.