Application Of The Theory Of Balancing Of Interests In The Amendment Of The Regulations On Government Information Disclosure

Government information disclosure is directly related to people's participation in public decision-making and safeguarding their rights and interests.The current Regulations on Government Information Disclosure has played an unparalleled positive role in guaranteeing people's access to government information,improving administrative transparency,and promoting administration according to law since its implementation.However,with the deepening of citizen's awareness of rights and the change of the degree of social development,the current Regulations on Government Information Disclosure gives administrative organs too much discretion,lack of democracy in the design of legislative mechanism,and imbalance in the protection between personal interests,government interests,and social public interests,which make it unable to meet people's needs for the disclosure of government information,and social conflicts continue to intensify.Interest is the intrinsic motivation of all human social activities.It is full of complicated social relations.The conflict of interests among social subjects that has not been effectively resolved is the fundamental cause of social contradictions.Legislation is an important way for human beings to allocate social resources,coordinate conflicts of interests and adjust social relations.In order to more effectively amend the Regulations on Government Information Disclosure and solve the problems existing in the Regulations on Government Information Disclosure in coordinating the interests of government information disclosure,it is necessary to use the theory of balancing of interests with interest expression and interest integration as the core,so as to coordinate interests conflicts and resolve social contradictions more effectively.Accordingly,this paper will study the amendment of the Regulations on Government Information Disclosure from the following four aspects in the perspective of the theory of balancing of interests.The first part is the longitudinal investigation and combing of the theory of balancing of interests.This part is based on the general relationship between law and interests.Through the investigation of the development process of the theory of balancing of interests,a complete combing of the theory of balancing of interests as a legislative methodology is carried out.Law is the result of the balancing of interests,interest is the initial point of the creation of law,the essence of legislation is the balancing of interests;The balancing ofinterests in legislation is the process in which legislators integrate various abstract and conflict-prone interests on the basis of fully expressing their own interest appeals by interest subjects from the legislative institutional arrangements,resulting in the formation of the documents with normative effect.The second part is the operation mechanism of the theory of balancing of interests in legislation.This part intends to specifically show how the theory of balancing of interests works in the legislative process from three aspects: procedures,basic principles and methods of balancing of interests.Under the guidance of the principles of human rights protection,democracy and overall consideration,the balancing of interests in legislation is a process of integrating the interests facts involved in legislation and making a trade-off of interests based on the methods of interest rank and interest identification,and on the basis of fully expressing the interests demands by the interest subjects.The third part is the interest relationship in the amendment of the Regulations on the Disclosure of Government Information.The interest relationship involved in the legislation of government information disclosure is the relationship among various interest subjects.Before making the fundamental choice of interest,legislators must first clarify what interest facts exist in the legislation of government information disclosure,including the interest appeals of various interest subjects and the contradiction of interests.According to the different interest subjects,the interest appeals in the amendment of the Regulations on the Disclosure of Government Information include the interest appeals of the subject of government information disclosure,the interest appeals of the applicant and the interest appeals of the third party;and the interest contradictions include the contradictions between personal interests and public interests,as well as the contradictions between personal interests and personal interests.The fourth part is the balancing of interests in the amendment of the Regulations on the Disclosure of Government Information.This section will combine the background and main content of the amendment of the Regulations on the Disclosure of Government Information to analyze the application of the theory of balancing of interests in the amendment of the Regulations on the Disclosure of Government Information.First of all,before the legislator makes the choice of interests that form the final result of balancing of interests,the interest survey must be conducted.The objective and sufficient understanding of the facts of interest will directly affect the rationality of the result of balancing of interests.The main source ofinterest facts is the expression of interest subject's own interest appeals.Therefore,in order to effectively carry out the amendment of the Regulations on the Disclosure of Government Information,it is necessary to continuously improve the expression mechanism of interest appeals and enhance public participation in the legislative process,especially to continuously improve the legislative hearing system.Secondly,the amendment of the Regulations on the Disclosure of Government Information should gradually establish the position of pursuing the core value of guaranteeing the public's right to know,and in coordinating the interests,the harm caused to the protection of the public's right to know should be controlled within the minimum range based on the protection of public interests and the needs of the third party.