A Study On The Determination Of Process Information In The Publicity Of Government Information

It is beneficial to coordinate the conflicts between the citizens' right to know and the administrative power of the administrative organs,and to promote the administration according to law and the construction of the government under the rule of law."Process information",as the "third exemption clause" in judicial practice,was officially included in the adjustment scope after the amendment of the government information disclosure regulations in 2019.It is of great significance to study the judgment of this uncertain legal concept.At present,the typical types of procedural information affirmed by judicial practice are: minutes of administrative organ meetings,records of expert hearings,internal writing information,phased information in multi-stage administrative actions,decision-making basis information,etc.Before the revision of the regulations,there were two ways for the court to judge whether the process information was open or not: "no disclosure" and "no disclosure".There were three different standards for the definition of the concept of process information: the information was produced or obtained in the administrative decision-making process,the information content was in an uncertain state,and the administrative behavior involved in the information was not ended.After the revision of the regulations,there are two ways for the court to judge the process information: one is to continue to use the existing three kinds of judgment standards and "not to be disclosed";the other is to use "information production or acquisition in administrative decision-making process" as the judgment of the concept of process information according to the new regulations of "not to be disclosed",but to judge again at the level of "whether to be disclosed" The first is to classify and process factual information and opinion information,and the second is to measure interests based on the nature of information.Among the three main standards,"information content is in an uncertain state" can not be unified in the actual judgment thinking,and "the administrative action involved in information is not terminated" is not conducive to ensuring the proper space for the operation of administrative power.In the context of the revision of the regulations,the concept of procedural information for judgment should adopt the standard of "information is made or obtained in the administrative decision-making process",which is also necessary The standard further defines that process information only refers to information reflecting "deliberative nature".At the level of whether the process information is open or not,we should use the "interest measurement standard" to construct the whole process information judicial judgment system together with it.