Research On The Information Disclosure Of Administrative Internal Management

With the progress of information technology and the popularization of network technology,citizens gradually realize that the value of information in production and life is becoming more and more important.Government information disclosure has a great significance to the protection of citizens' right to know and the restriction of administrative discretion.The open system of government information has become an important topic in the legal construction of our country.According to the relevant laws and regulations of our country,administrative internal management information,as a kind of government information,generally does not belong to the scope of government information publicity.However,due to the defects in the legislation,there are more and more disputes about the disclosure of administrative internal management information in the practical circles,and it is difficult to realize the disclosure of administrative internal management information,which is not conducive to the protection of the legitimate rights and interests of citizens.Based on this background,this paper studies the issue of administrative internal management information disclosure.Starting with the definition of administrative internal management information,this paper analyzes the predicament and causes of administrative internal management information disclosure in our country by combing and studying the cases and legal texts related to administrative internal management information disclosure.Based on the relevant mature experience of the United States and Japan and the actual situation of our country,this paper explores the way to realize the disclosure of administrative internal management information in our country.This text is divided into four parts,the main content includes:The first part is the basic theory of administrative internal management information disclosure.Based on the definition of administrative internal management information,this paper analyzes the scope and regulation of administrative internal management information disclosure.Then the paper analyzes the function of public administration information to protect citizens' right to know,to improve the credibility of the government,to maintain the balance of interests,and to realize the maximization of interests.The second part is the predicament and reason of the internal administrative information disclosure in our country.Based on the analysis of the legal documents about the disclosure of administrative internal management information,we found that the dilemma of administrative internal management information disclosure mainly includes three aspects: First,the administrative internal management information exemption from the public review has varieties of standards;Secondly,there are different opinions on the definition of administrative internal management information and the determination ofpublic issues;Third,the administrative internal management information exemption from disclosure provisions are abused.The reasons why it is difficult to realize the disclosure of administrative internal management information in our country are as follows: First of all,the "regulations on the publicity of Government Information" implemented in 2008 have not made any direct provision on the contents of the disclosure of administrative internal management letters,which is out of touch with the actual needs;Secondly,in 2010,the General Office of the State Council promulgated the "opinions on doing a good job of making government information open according to the application",and the relevant provisions on the disclosure of administrative internal management information were too general.Thirdly,the regulations and normative documents have different regulations on the disclosure of administrative internal management information,and no consensus has been reached.Finally,the relevant judicial interpretation does not provide for the relevant contents of administrative internal management information disclosure.The third part is the inspection of the administrative information disclosure system in the United States and Japan.By analyzing the current situation of the relevant systems in the United States and Japan and summarizing its basic characteristics,we found that there are similarities and differences between the United States and Japan in terms of the system.Both adhere to the principle of "openness as the principle,not open as an exception" legislative spirit,and there are similarities in the way of regulation.However,there are some differences between the court and the administrative organ in the distribution of jurisdiction over the relevant disputes and the power of the court to examine the administrative organ under the provisions of the relevant contents of the administrative internal management information disclosure.The fourth part is the realization path exploration of the administrative internal management information publicity in our country.Based on the relevant experiences of the United States and Japan,this paper puts forward two ways to realize the disclosure of administrative internal management information in our country.The first way is to perfect the legislative provisions on the disclosure administrative internal management information disclosure.In addition to defining the concept of administrative internal management information,determining the scope of external exemption and internal disclosure,we should also clarify the criteria for exemption from disclosure.The second is to strengthen the supervision of the administrative internal management information disclosure,mainly to strengthen the internal supervision of the administrative internal management information disclosure,to strengthen the judicial power and the public,and the external supervision of the media to the administrative internal management information disclosure.