On The Establishment Of The Principle Of “opening The Principle Of Disclosure And Not Making It An Exception” In The Government Information Disclosure

Although many countries in the world have "t o the principle of open,not open to exception" to establish the basic principle of government information disclosure system,our society has accepted this princip le as the b asic principle of China' s open governm ent information,but the Chinese governm ent information disclosure legislation enacted in 2008 that "government information disclosure regula tions"(in the next will be referred to as "public regulations")and not clearly defined the principle that many administrative organs in the practice of governm ent information disclosure work in active di sclosure not in the implementation.The reason why our government information publicity should be clearly established is the central issue of this st udy.The principle of governm ent information publicity refers to the legal principles and st andards that the government should follow in the process of infor mation publicity.T he establishment of the princ iple of a legal sy stem is related to the design and im plementation of the whole system,and it also concerns whether the legislative purpose can be carried out a nd realized.W ith the concept of "sunshine government" mentioned in our country,the tran sparency of government has attracted m ore and more attention.China' s government by law construction Fair,transparent,clean and efficient,the government information disclosure system is one of the most im portant tasks,but the government information is not completely open,some information of the public m ay damage the public interests or infringe upon the legitimate rights and interests of other parties,the disclosure of government information at the same time,it is necessary to what information should be confidential provisions.However,the principle of "openness as the principle,not as an exception" embodies the legislative spirit and basic values of the governm ent information publicity system,and it is the basic principle of the government information publicity system,and must be clear."O penness" before and after the introduction,academ ic papers and Research on government information disclosure system of the government information is too numerous to mention,"open to public principle,not open to the exceptions to the principle of" discussion."Public regulations" before the introduction of many local legislation,but also the use of "information disclosure" term.In fact,the public regulations embody the legislative purpose of governm ent information,but there is no explicit definition of the principle of "openness as the principle,and not as the exception".It is the centr al point of this article to perfect the principle of the governm ent information publicity in our country,and make clear legal provisions of "open as the principle,not open as an exception".In view of how to implement this principle to the system,this paper puts forward the corresponding countermeasures.The establishment of the princi ple of not sim ply in the legislation can be clearly defined,this principle should be refl ected in the design of the system,which is determined from the scope of disclosure of government information should be open to the rest of the embodies the essence of the principle,therefore determine the core counterm easures from public information is applied to this range the principle is a core part of the paper.This paper is divided into five parts(not including the introduction and conclusion): the first part is about why do I research this topic,research questions,research status and research methods of this paper content.The second part is the co ncept and theory part,analyzes the relevant concepts of the governm ent information publicity,and briefly expounds the relevant theoretical basis of the government information publicity.The third part discusses the establishment of "the principle of open,not open to the im portance of exception",then describes the current legislation didn' t establish the principle under the condition of the existing problems,through the analysis of nece ssity of establishing th is principle in our country.The fourth part,through the analysis of the relevant content of foreign governm ent information disclosure,from which we can extract the information of our government can be used for reference.The fifth part is how to es tablish this principle of government information publicity in our country.