Research On The Judicial Determination Of "Internal Affairs Information" In The Publicity Of Government Information

In April 2019,the newly revised "Regulations of the People's Republic of China on the disclosure of government information" added the regulation of "no disclosure of internal affairs information" in Article 16 of the scope of information disclosure,but the problem of how to identify internal affairs information has not been fully solved in China's judicial practice.In fact,before that,the concepts of "internal information" and "internal management information" appeared in the documents of the state office and judicial practice,and a series of identification rules were established,which had an impact on the identification of internal affairs information at present.Before the revision of the regulations,the standards for the identification of internal affairs information presented in judicial practice were different,which were that internal information was not generated from the performance of administrative functions,that internal information was generated from the performance of internal management responsibilities,that information representation was the identification standard,that legal effect of information was the identification standard,and that information release object was the identification standard.After the amendment of the regulations,the judicial practice still adopts the identification standards of information content,information legal effect and information release object;different from the previous,the judicial practice has seen the identification of internal affairs information as information generated from the performance of administrative functions.At present,the content standard no longer has the full space of application,so it needs to be adjusted accordingly;the legal effect standard leads to the unclear distinction between the identification of internal affairs information and the public issues,which needs to be further improved;taking the form of information expression and the object of release as the identification standard will make the scope of information inaccurate.It is found that the change of laws and regulations should be taken into account in identifying internal affairs information;there is a distinction between information identification and information disclosure;substantive standards should be adopted in information identification.Finally,the suggestions to improve the identification of internal affairs information are as follows: to expand the interpretation of administrative functions,internal affairs information is the information generated from the performance of administrative functions;internal affairs information only involves the performance of internal management functions,analogizing the internal management information of social organizations;the form of expression and the object of information release are not regarded as the identification standard of internal affairs information;take the legal effect of information as the factor to judge the information publicity.