On The Administrative Discretion In The Specific Determination Of The Content Of Government Information Disclosure Applicationa

The regulations of the People’s Republic of China on the disclosure of government information was revised in April 2019 after more than 10 years.The newly revised regulations try their best to protect citizens’ right to know government information.Because the discretion provision is too broad,result in a large number of practice "with the same case different ruling" as well as unclear guidance,insufficient reasoning.Therefore,it is necessary to refine and standardize the review procedure of application content description,compress the discretion space,and refine the discretion procedure,which is not only the extended request of citizens’ flawless discretion request right,but also the meaning of the prohibition of arbitrariness and self-restraint principle.Through empirical analysis,a large number of empirical judges are analyzed and summarized,and the discretion procedure is built based on the combination of two perspectives and two modules,namely,the reverse and positive perspectives of observing practical experience,as well as the essential availability review and the specific review of specific cases.When the administrative agency specifically reviews the clarity of the content description of the application,it can shuttle back and forth between the two modules and the two perspectives,which can help it reach a reasonable discretion under the legal premise.