Disclosure Of Opinions On The Legality Of Major Administrative Decisions

Legality review opinion of major administrative decision is a kind of Legal evaluation document.Specifically,it's a kind of information includes legal evaluation and handling advice by government legal institution,after reviewing the purview,program,content of decision-making body which in major administrative decision whether they can comply with the law,statute,regulation and other regulatory documents.In terms of its legal attribute,it can be defined as government information.Reasons are as follows,government information is a kind of information that needs to record and preserve through certain forms,made and got by administrative agency or authorized subject when they perform duties.An information will be the government information when it satisfy four essentials which called main body essential,duty essential,means essential and form essential.Of course,legality review opinion of major administrative decision can satisfy the four essentials of government information.In China,the basic principle of government information publicity can be expressed as "publicity as principle,privacy as exception".According to the regulation of "Government Information Disclosure Ordinance" and ""Opinions on Comprehensively Promoting the Openness of Government Affairs",we can know the unlisted exception clauses mainly refer to "three securities and one safety","confidentiality","internal management information","process information".Because of relative clarity of the front two clauses,this article just makes a brief description about the two and mainly defines the internal management information and process information.According to integrate the related legislation,cases,academic perspectives and combine with foreign legislative experience,we can get the definitions of these information as follows:internal management information is the information of minor matters which have no public interest.It's an information about internal affairs of the executive.Process information is an opinion information put forward in the discussion process between administrative agencies or internal government before administrative agency makes administrative actions,which public will impair administrative and frank exchanges,excluding the opinion information as decision basis.Compared the legality review opinion of major administrative decision to internal management information and process information,we can draw the following views:in terms of the comparison between the legality review opinion of major administrative decision and "three securities and one safety","confidentiality",because the legality review opinion of major administrative decision is an uncertain and non-specific information,we can not determine directly whether it refers to "three securities and one safety" and "confidentiality" clauses;in terms of the comparison between the legality review opinion of major administrative decision and "internal management information","process information",we can find that the legality review opinion of major administrative decision isn't the internal management information,and it isn't the process information as well.Combining the above conclusions and publicity as principle of government information publicity,we can determine preliminary that the legality review opinion of major administrative decision has the public attribute.Of course,the publicity of the legality review opinion of major administrative decision has the exceptions:when it refers to "three securities and one safety" and "confidentiality" clauses,its publicity should follow the regulation of "three securities and one safety" and "confidentiality" clauses,and also should follow the differentiated processing rule.