On The Recognition Standard Of Process Information

Since the implementation of the “Regulations on Government Information Disclosure of the People 's Republic of China”(the “Regulations”)in 2008,the disclosure of government information has gradually evolved into a key issue of public concern.In the “Regulations” amended by the State Council Order in 2019,Article 16 Article 2 The paragraph proposes that “in the process of administrative functions,the administrative organs may not disclose process information and administrative law enforcement file information such as discussion records,process drafts,consultation letters,and request reports.Laws,regulations,and rules stipulate that the above information should be Open,according to its provisions."The identification standards for process information in the regulations still lack specific expressions,only a few forms of process information are listed,and the use of" may not be disclosed ",and the provisions are also behind It is mentioned that "the laws,regulations,and rules stipulate that the above information should be disclosed,and its provisions." It is not difficult to find that although the newly promulgated "Regulations" gives clear provisions for exemption of process information,its standards are not clear nor specific.At present,there is considerable controversy about whether the "process" is the process of information formation or the formation of information service behavior in China.This article starts from typical cases of process information recognition standards,combines laws and regulations and judicial practice,clarifies the current main process information recognition standards,and provides ideas for improving process information recognition standards.This is of great theoretical and practical significance.