Research On The Interest Balance Mechanism Of The Government Information Disclosure Rule

The mobility and the nature of the information of the information determine the possibility and necessity of the public and the exception of the two protection modes.All kinds of information in different times,different background,kept in the open and between the exceptions.In most countries,the government information disclosure norms of the government information disclosure rules.The rule of exception and the public together constitute the basic principle of the government information disclosure system.Due to government information itself interests and the state,the public,administrative organs are closely linked,in the process of the government information publicity,the public is informed interests in May and the interests of the state and society,the third-party privacy rights or interests in protecting business secrets,administrative power and administrative efficiency of interests contradictions and conflicts.At this point,the administrative organs or judicial organs should conduct a moderate balance and discretion in the interests of the parties to make a reasonable choice,to balance,to make the relatively minimal decision of the interests of the damage.This paper focuses on the system of disclosure of government information of the exceptions to the rule,in order to balance the interests of perspective,generated based on exception rules based and degree will be divided into three levels,also quoted a large number of cases as an example,analysis of our system of government information disclosure exceptions to the rule in terms of interest balance status and deficiencies,focus on practice,there are a lot of government information open and free discretion field,and puts forward interest balance established for our government information disclosure exceptions to the rule and the basic principles of the general idea.In practice,the confrontation and balance among different interests as the discretion of key criteria for consideration,were analyzed and an exception to the rule of three levels of specific need to grasp the balance method,in order to administrative organs in the implementation of government information in accordance with the disclosure process provided for reference.