Disclosure And Exemption Of Procedural Government Information

With the progress of government information disclosure,the issue of process government information disclosure has become a hot topic in recent years.In judicial practice,the number of cases of process government information disclosure is increasing year by year.However,due to the unclear definition of process government information in legal provisions and the vague scope of disclosure and exemption,it is impossible to provide effective guidance for practical operations.It solves the problems existing in the disclosure of process government information research and further promotes the disclosure of government information.The characteristics of process government information itself determine that its contents cannot be fully disclosed.Therefore,the regulations on the disclosure of government information set an exemption system for process government information disclosure.However,the complete non-disclosure of government information runs counter to the concept of building a fair and transparent government in China and guaranteeing citizens' right to know.The core of the process government information disclosure system lies in the scope of disclosure and exemption.In order to achieve the balance between the right to know and the executive power,it is necessary to grasp the principle that disclosure is the norm and non-disclosure is the exception,specify the scope of exemption from disclosure of procedural government information in a general way,and improve the supporting measures to enhance the operability.First,this paper starts with two typical cases,sorts out the case,analyzes the judgment documents,and looks for the legal provisions and theoretical basis on which the judgment is based.It finds that the current procedural government information has some problems in practice,such as vague legal definition,absolute tendency of the enforcement process and different standards of judicial review.Next to clarify the concept and features of procedural government information,the process of what information belongs to the government information to define,measure and whether it should make them in public interests,clear process the legitimacy of the government information has its exemption from public,but cannot treat as the same,all open,in order to avoid the exemption system of public were affected by the abuse of violations of the citizen's right to know and the consequences of administrative efficiency,the key to solving this problem is clear consequences to the public scope and responsibility,strictly defined range and scope of exemption from public openly,and through institutional guarantee,narrow elastic space in the application.To this end,this paper then outside of procedural related laws and regulations of the government information disclosure exemption system and legislative idea,looking for useful experience,combined with China's specific national conditions,the process of government to scope ofinformation,including factual information,find opinions,making major decisions,is the process of government information,administrative authorities shall not affect the operation information,etc.;Meanwhile,in order to ensure administrative efficiency and maintain social stability,it is clear that discussion opinions,repetitive information,informal information and information affecting social stability are procedural government information that can be exempted from public disclosure.Finally to solve the problem in the practice of procedural recommendations to the government information publicity problem,on the basis of unified clear legal norms,in the administrative,judicial process according to the process to distinguish between the different government information specific property,perfect the relief way,give full play to the judicial role,such as adopt segmentation principle fully guarantee citizens' right to know,the onus probandi inversion,play to the advantages of the administrative reconsideration front,make full use of the principle of benefit measure in the judicial review,etc.,hope you can provide advice for our government information publicity.