Judicial Judgment Research On The Disclosure Of Process Information

The government`s disclosure work based on the principle of "open for the principle,not for the exception".Process information is one of the few exceptions to the laws and regulations.Nevertheless,the laws and regulations on the process of "information" are not specific enough,scholars also fail to reach a consensus on whether the process should be disclosed or not.As a result,it is necessary for judges to deliver a verdict about the cases related to process with discretion.Therefore,this paper investigates on the situation about the judicial judgment of cases related to disclosing process information made by courts in China.The article is divided into four parts.The first part introduces the concept of process information and the value judgment of whether the process information should be disclosed or not.Through analyzing the regulations of other countries and opinions of some representative scholars,the author concludes that the word “process” in the term “process information” refers to the process of administrative act that information attaches to,then distinguish two easily confused concept--process information and internal management information.The disclosure of process information will bring adverse effects,while the public do need this information.the author think process information is not undivided,thus it deserves to be disclosed moderately.The second part introduces the status of the court judgments on cases of the process information.After analyzing 171 cases,the author summarizes the characteristics of the cases related to process information,and introduces the classification of process information.Furthermore,on the basis of foreign experience,previous research results and the situation the author ever encountered in the case analysis process,this paper divides the process information into three categories,summarizing how these three types should be disclosed in different way.The third part analyzes the existing problems in the court decision as well as the causes of them.Finally,the fourth part is suggestions about how to improve the quality of judgment in terms of these cases.The author believes that a correct judgment and a high efficiency are both inseparable from the perfect law and correct law enforcement.Therefore,we should make efforts in aspects of legislation,administration and judicature to improve the quality of trial.