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Research On Thelegal Issues Of The Exemption From Procedural Information Disclosure

Posted on:2019-06-28Degree:MasterType:Thesis
Country:ChinaCandidate:M ZhangFull Text:PDF
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As a beacon of government transparency,the extent to which government information is publicly available depends largely on the number of exemptions.Although The Regulation of Government Information Disclosure provides for the scope of exemptions from disclosure of government information through articles 8 and 14,but procedural information is not included.Nevertheless,in practice,administrative agencies often use procedural information as the third kind of non-public information in order to protect their own rights and interests.It infringes on citizens' right to know.In addition,the provisions of procedural information are very few and vague in our current legal norm.It leads to the judge's judgment on procedural information in the trial that there is no universal criterion.The exercise of discretion will lead to different results in the same case.Therefore,if there is no consensus on the process information and no clear principle for the process information,the uncounted government information that a citizen should have been told would be lumped into the realm of procedural information without judgment.Based on the above situation,this paper uses case analysis method,literature analysis method and comparative analysis method to discuss.Firstly this paper scans the status quo of the release of procedural information of our country and beyond from the perspective of legislation and practice.In the second part,this paper makes a basic qualitative analysis as the reference object of government information,administrative action and internal management information.At the same time,based on the theoretical research combined with cases of exemptions from disclosure of process information,there are two arguments in the analysis of the relationship between procedural information and administrative action and then I publish my own views why I support theory of process.Moreover,the boundary between process information and internal information is clarified from two aspects:information attribute and effectiveness scope.The third part is to analyze the legitimacy of procedural information and then take a position that it should be relatively exempt from public.In contrast to the advanced experience of the publication of procedural information exemption outside the country,the disclosure of procedural information exemption should follow the principle of differentiability and benefit measurement.Finally,based on the local rule of law resources and investigation of reality and seeing some successful operation experience of government information disclosure system outside the country,I put forward a little view on the exemption from procedural information disclosure from three aspects of legislative regulation,multiple safeguards and public participation.
Keywords/Search Tags:Procedural Information, Internal Information, Interest Balancing
PDF Full Text Request
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