Research On The Exemptions Of Government Information Publicity

As the core term of the exception rule of government information publicity,the applicable situation of the article 14 of The statute of People's Republic of China Government Information Publicity make an overall influence on the system of government information publicity.However,the absence of the definition,the lack of procedural restriction and the inadequacy of the interpretation and application make the rule's application in confusion and affect the effect of the government information publicity.This article takes the article 14 of the statute as the center to research the exceptions of government information publicity empirically.By interpreting the statute and related legal texts and analyzing the typical cases,this article discusses the specific content and the questions existing in application of the exception rule and explores the specific measures to improve the exception rule and perfect the related institutions.This article is divided into five parts.The first part expounds the legislative purpose and legislative situation of the exception rule of government information publicity.The legislative purpose of the exception rule of government information publicity is protecting the public interest and the private rights,and the exception rule plays an important role on the balance between the citizens' right to know and the two interests.The current related legislation is multilevel and dispersive,but the definition of the exceptions is not clear,the distribution of the rule is dispersive and the legislation rank is low.The second part is the analysis about the definition,exception rule and practical problems of the State Secrets.The definition standards of the State Secrets are different between The Security Law and administrative judgments,but the both refer to the same objects,merely the protection degree is different.The relationship of the article 14 and the article 8 of the statute is consistent with the relationship of rule and principle.The application of the third paragraph of article 14 must abide by the procedures of setting secret.At present,the exception rule of the state secrets is in the lack of secrecy review procedures and relieving ways of right.The third part is the analysis about the definition,exception rule and practical problems of the trade secrets.Compared with The Anti-Unfair Competition Law,the definition of the trade secrets in the administrative judgments pays more attention to the form standards.The object scope the exception rule of trade secrets protected should be interpreted narrowly on the basis of The Anti-Unfair Competition Law.To respond to the problems about the different defining standards of trade secrets and the neglect of the segmentation rule,the attention to the relief of illegal public of trade secrets and the divisible review rule of trade secrets should be strengthened.The fourth part is the analysis about the definition,exception rule and practical problems of the privacy.Privacy is the life secret and tranquility enjoyed by citizen,which is irrelevant to the public interest and inherently contrary to the public right to know.The object scope of the exception rule of privacy protected should conform to the general understanding and indigenous consideration,and the factors and procedures of the public interest measure rule should be detailed so that the problems about the different defining standards of personal privacy and the neglect of public interest measure rule can be settled.The fifth part focuses on the suggestions of perfecting the exception rule of government information publicity and the related mechanisms.To perfect the release mechanism of the state secret,the release standard,supervision and relief of the state secret will be detailed,and the principle of benefit measure and the administrative explain obligation should be clear so as to the rule of divided review about trade secrets and privacy can be perfected.To perfect the secrecy review mechanism of government information publicity,the special secrecy review institution and the liability investigation mechanism will be set up.By setting the superior government guidance mechanism and administrative case guidance mechanism,improving the judicial review mechanism and the public report mechanism,the supervision mechanism of government information publicity will be perfected.