The Improvement Of The Confidentiality System Under The Background Of Government Information Disclosure

In modern society,government information publicity has become one of the necessities of democratic politics and sunshine government.At the same time,state secrets-guarding which is an exceptional item of information disclosure plays an important role in national security and benefit.The disclosure of government information also puts forward new requirements for the confidentiality system.Consequently,the purpose of this thesis is to discuss how to improve confidentiality system under the background of government information disclosure,how to balance disclosure and secrets-guarding,and how to safeguard national security and benefit and follow the developing trend of democratic society.This thesis is divided into three parts---introduction,main body and conclusion.Main body is included in three chapters.In introduction,this thesis expounds the background and significance of this thesis,researches by China and foreign countries as well as the theories related to government information disclosure and state secrets-guarding including definitions,theory tools and methods of research.Chapter 2 summarizes the request of secrets-guarding system by government information disclosure.Under the background of government information disclosure,confidentiality system cannot satisfy the requirement of government information disclosure.So perfect confidentiality legal system,scientific secret-level setting system,complete confidential review system,detailed decryption system and reasonable dispute system needs to be established.Chapter 3 based on Secrecy Laws puts forward the challenges of secrets-guarding system under the background of government information disclosure compared with secrets-guarding systems of foreign countries including America and Russia.Five problems including the defects in the confidentiality legal system,the imperfect system of confidentiality system,the unsound system imperfection of secrecy review,the over-simplification of the decryption system and the lack of dispute system are issued.By learning the good experience of foreign countries,Chapter 4 gives some solutions based on Chinese reality.This chapter proposes solutions from the theory and system level.Firstly,in the theoretical level,this thesis argues that we should set the principle of established by public principle,the principle of confidentiality for exception legislation.Secondly,in the light of the imperfect system,this thesis puts forward a perfect system,which includes clearly defining the scope of state secrets,perfecting the system of the responsible person,and formulating the complete program.Thirdly,confidentiality review system from the aspects of the subject of confidentiality review,review of content and supervision should be improved.Fourthly,to solve the problem of over-simplification of the decryption procedure,decryption system should be refined.Fifthly,confidentiality dispute system and the confidentiality relief system need to be established.In conclusion,this thesis concludes that secrets-guarding system needs to be improved in the background of government information disclosure.