Legal Analysis Of Open Government Information From The Perspective Of Reactive Administration

The “Government Information Disclosure Regulations” has been in operation for nearly 10 years since its implementation in 2008.During this period,the public's legal awareness is constantly awakened,and cases of open government lawsuits have been increasing year by year.Moreover,with the advancement of science and technology,the Internet has gradually affected our every move,and administrative actions of the executive authorities will inevitably be affected.It can be said that Internet technology is triggering a new round of technological and social revolutions.Therefore,in view of the current trend of increasing government information disclosure year by year and the awakening of citizens' legal awareness,the purpose of this paper is to analyze the information disclosure cases of Shanxi Province and Beijing Municipal Government,and to combine the problems existing in the government information disclosure work of administrative agencies,from From the perspective of the responsive administrative model,it analyzes the reasons for the problems in the response to the government information disclosure work of administrative agencies,and provides practical guidance for the public information response of administrative organs in practice,and forms an administrative agency's response to the open government information.New ideas,reducing administrative reconsideration burden on administrative agencies and courts' pressure on litigation,truly guarantee the administrative organs' response to government information disclosure and maintain a harmonious,stable,and good "government-public relations."This article is divided into four parts.The first part mainly introduces the connotation of government information disclosure from the perspective of responsive administration,including the meaning of responsive administrative and government information disclosure,the theoretical change of responsive administration,and the new requirements of responsive government for government information disclosure.The second part mainlydiscusses the problems existing in the government information disclosure in response to an administrative perspective from the perspective of case statistics,including the three aspects of responding to ideas,responding to the process,and responding to the results.The concrete manifestation is the outdated concept of response and the definition of government information in the process of response.Scope of disclosure,openness,open procedures are open to question,and there are issues such as flaws or errors in the response.The third part focuses on the analysis of the reasons for the existence of government information disclosure under the perspective of responsive administration.The contents include: Administrative staff use “management theory” to guide administrative actions,and administrative agencies lack scientific response mechanisms.The Regulations are not specific and lack of operability.The fourth part mainly discusses the improvement of government information disclosure under the perspective of responsive administrative.It mainly includes the enforcement level and legislative level recommendations.The law enforcement suggestions are mainly used to guide the administrative agencies in responding to open government information,including the promotion of the reform of the law enforcement concepts of the executive authorities,the correct definition of government information,the clear scope of government information disclosure,and the government information disclosure procedures,legal content,innovative ways,expanding government services and response platforms,and smoothing public interest.Seek a diverse expression mechanism.Suggestions at the legislative level include exploring and formulating the "Government Information Disclosure Act," amending the definition of government information in the "Regulations," the issue of eligibility for government information disclosure applicants,and whether or not procedural government information is open.