Exemption From Public Research Of Government Information Disclosure In Our Country

As the state government under the rule of law construction, how to realize the transition of the government function of Confucianism is focused on content. The government information disclosure system regulate the governmental power operation effectively, realize the transparent government, the important measures to guarantee citizens' right to know. This system arises from the west, now public government information has become a trend and trends., The law of the People's Republic of China government information disclosure regulations promulgated, formally established the government information publicity system since 2008. But there are a lot of problems in the actual operation. Especially the law of state secrets, commercial secrets and personal privacy save the content of the public, became some of the government's shield, for citizens apply for government information disclosure at this as an excuse to refuse to open. Previous studies pay more attention to the content of the government information publicity, the research for government information release content is less. Government information is the contents of the government information disclosure exemption reverse defined, based on the research of the exemption content we can better regulate the government's actions, the citizens' right to know. A system research, for the definition of the concept is very important. Information disclosure exemption is rooted in the information disclosure system, this article through to the concept of government information publicity and information immunity comparative study of the concept of information immunity is defined, and analyzes the relationship between the two. Then focuses on the study of the theory of the information disclosure exemption, mainly from the theory premise of information immunity, the principle of building and illustrates the expression in three aspects of the law, through the three aspects of research to clarify the theoretical basis of government information immunity. In the theoretical premise of the study, mainly compares the theory of national sovereignty and the right to know, and put forward the information disclosure exemption system in our country should use both and. Principle analyzed mainly the principle of information disclosure exemption is missing, principle of benefit measure is put forward, the principle of transparency and the right remedy for our country to follow the principle of the main information immunity. For information immunity in the form of law in our country, this paper argues that "three a steady" danger of practical operability of legal provisions, so should be deleted. For existing state secrets, commercial secrets and personal privacy, we should make a more detailed list type. Theoretical research in this paper, the end, the article will theory and our country the current combination of the government information disclosure ordinance, the content of the exemption for which the classification in accordance with the saving strength mainly divided into mandatory saving information, mandatory information and discretionary exemption from information. Mandatory saving information mainly refers to the state secrets, compulsory saving information including commercial secrets and personal privacy, discretionary information immunity mainly includes procedural information and historical information. Through determining the categorization of information release content will save information, carry out specific analysis on the content of the research to be clearly defined. The last part of the institutions of information disclosure exemption in our country to explore, through draw lessons from foreign experience and combining the reality of their own, to establish suitable for China's information disclosure relief agencies.