A Research On Three Needs Clause In Governmental Information Disclosure

The Fourth Plenary Session of the 18 th Central Committee of the Communist Party of China clearly stated that the openness of government affairs should adhere to the principle that "openness is the norm and non-disclosure is the exception." In order to ensure that citizens,legal persons and other organizations have access to government information according to law,enhance transparency in government work,promote the administration of government information according to law,and give full play to the service of government information to the people's production,life and economic and social activities.In 2007,China formulated the Regulations on the Disclosure of Information by the Government of the People's Republic of China(hereinafter referred to as the "Old Regulations").In June 2017,the "Government of the People's Republic of China Information Disclosure Regulations"(hereinafter referred to as the "New Regulations")began its first revision work and was announced on April 15,2019,and came into effect on May 15,2019.Compared with the previous regulations,the new regulations,based on the original framework structure and theoretical logic,specify the basic concepts and requirements,and summarize the various experiences since the establishment of the information disclosure system.The number of articles has increased from 38 to 56.Inject fresh blood into the "Government of the People's Republic of China Information Disclosure Regulations."Based on the analysis of typical cases in judicial practice,this paper analyzes the actions of governments at all levels in terms of information disclosure and improving the transparency of government work information.By exploring the root cause of the problem,we will deeply study the proper meaning of the regulation,and then achieve the goal of judicial good and sustainable development.While safeguarding the legitimate rights and interests of citizens,it also promotes social progress and provides intellectual contributions to further improving the quality of legislation.This article is divided into four parts:The first part expounds the research background and significance of the topic,introduces the research results reached at the present stage and the research methods adopted in this paper: case analysis method,jurisprudence analysis method and literature research method.The second part describes the basic case,the outcome of the judgment,and the focus of the dispute concluded in the three typical cases of Mu Mou v.G City People's Government,Lumou v.H City People's Government,Li Ki v.S Province People's Government.First,Identification of the information relationship standards with which the applicant applies for disclosure;Second,whether the applicant uses the "three needs" clause to make abusive complaints;Third,whether the administrative organs improperly set the conditions for the application of government information disclosure.The third part expounds the focus of controversy summarized by three cases,namely Mu Mou v.G City People's Government,Li Lumou v.H City People's Government,and Li Ke v.S Province People's Government,and conducts the following legal analysis: First,the applicant's main body qualification determination;Secondly,the identification criteria of administrative abuse prosecution;Thirdly,it is illegal for administrative organs to add legal obligations to administrative counterparts.The fourth part expounds the legal analysis of three cases such as Mu Mou v.G City People's Government,Li Lumou v.H City People's Government,and Li Ke v.S Province People's Government.First,cancel the applicant's qualification limit;Secondly,the prevention and punishment of administrative abuse prosecution;Thirdly,administrative organs should not increase the external obligations of administrative counterparts.At the same time,the following enlightenment is drawn: First,limit the applicant's misconduct;Second,to refine the allocation of responsibilities according to the application;Third,we need to raise the level of government information disclosure legislation.This has important guidance and significance for the perfection and progress of the current information disclosure system.