A Study On The Issue Of Disclosure According To Application In The Publicity Of Prison Affairs In China

"Rumors stop at the truth,transparency produces trust." The information disclosure system opens the veil of mystery between the state organs and the public,enabling the people as the masters of state power,intuitively feel the operation of power.It has been 20 years since prison organs began the pilot work of opening up prison affairs in 1999.The opening of prison affairs has made prison law enforcement go from behind the scenes to in front of the stage,so that people can understand the whole process of justice of Chinese law more intuitively.However,the development of the opening of prison affairs seems to be that society is pushing prisons to open,from the understanding of prison organs themselves to the audience of opening prison information.Neither can we realize the importance of the publicity of prison affairs in essence,nor can we give full play to the right to apply for the publicity of prison affairs information.The restriction of the right to apply and the abuse of the right to apply have become the fetters of the development of the publicity of prison affairs in accordance with the application.It is an irreversible trend to promote justice in the sunshine,protect the public's right to know,and continuously deepen the disclosure of prison information.Prison organs must change their traditional thinking ideas,adapt to the awakening of public awareness of rights,and put power in a cage.In the practice of prison management,there is a tendency to make prisons mysterious.Individual provinces may not disclose information applications other than the administrative functions of prison organs in accordance with the provisions on the application for publicity of prison affairs.This is not the norm of the system,but the retrogression of the idea.Whether in theory or in practice,openness and transparency is a trend and an irreversible trend.In view of the openness of prison affairs,we should not discuss whether it is open or not,but how to make it public.We should devote more energy to defining the scope of the openness of prison affairs accurately and specifying the content of the openness.Firstly,through the analysis of the basic theory of prison information disclosure according to application,this paper focuses on the relationship between prison information disclosure and government information disclosure,prison information disclosure and judicial disclosure,expounds the differences and links between them,and studies the application right of prison information disclosure according to application,innovatively puts forward the relatives' right and the right to know the application right of prison information disclosure according to application.The basic theory of right and right of fair treatment,and the legal basis of the right of application are analyzed.This paper analyses the present situation and existing problems of the publicity of prison affairs and the publicity of prison affairs according to the application.Through the analysis of the platformconstruction,information perfection and timeliness,and the annual report of the publicity of prison affairs of provincial prison administration organs,it studies the present situation of the publicity of prison affairs.At the same time,through the standardization of law enforcement,the protection and abuse of rights,the balance between the right to know and the right to privacy,this paper analyses the problems existing in prison organs and applicants,and the reasons for the problems from the aspects of thinking,value pursuit,legislative environment and professional protection.In view of the current situation of open prison affairs in our country,the author discusses how to improve the standardization level of open prison affairs according to application from the aspects of changing thinking concept,perfecting legislative system,improving the working system of open prison affairs,and promoting supervision and accountability.Disclosure and secrecy do not exist in opposition.The confidentiality of prison organs is not a justification for the inadequate progress of the publication of prison information.Normally,standardized publicity will not infringe on their confidentiality interests.Accurately defining confidentiality and openness,precisely dividing the scope of confidentiality and openness,promoting sunshine justice and ensuring fairness and justice are the inevitable requirements of socialist rule of law.