Research On Disclosure System Of Process Information Exemption In China

The practice of procedural information disclosure in China is chaotic,and the current situation is that procedural information disclosure is generally exempted.As a matter of fact,the indiscriminate exemption from disclosure will prevent the disclosure of a lot of procedural information that should be disclosed,and it is not in line with the construction of participatory government called for by China.Only by confirming the scope of exemption from disclosure can the contents of disclosure be further clarified,which is conducive to the realization of the right to know.However,the disclosure of procedural information should also be studied in the context of government information disclosure system,so the basic theory of government information disclosure system should be made clear in advance.Current situation is that the legislative purpose of the government information disclosure system is vague,and there is no specific rule of discretion for the exemption of procedural information disclosure.Also,in the judicial judgment,the judgment standard is different,what's more,the procedural information is always be judged not to public.In administrative discretion,it is more likely that procedural information be exempted from disclosure,so the results is not convincing.At the same time,in the development of global information disclosure system,the law of the information disclosure system has the strong common applicabilies.There are the references by referring to the status quo of foreign procedural information.First is clarifying the constitutional basis of the information disclosure system;Second is using the segmentation principle to deal with the procedural information.The third is determining the threshold of exemption from disclosure of procedural information.Fourth,including the expert opinions in government information with conditions.In addition,the provision of foreign procedural information has the following two trends.First,the legislation gradually narrowed the scope of exemption from disclosure of procedural information.Second,the establishment of special agencies to review information disclosure.The dilemma of procedural information disclosure in China is caused by not making clear of the legislative purpose of government information disclosure.Combining the existing experience of foreign procedural information disclosure with clarifying the reasons of China's information disclosure system which means the purpose of our government information disclosure system is based on the right to know derived from the constitution,meanwhile,participatory democracy is mainly in the function,representative democracy is assistant in the function.Improving the exemption of procedural information disclosure in the context of government information disclosure system can be do as follows.First is the legislation making a single legislative purpose based on the realization of the right to know.Second is the establishment of representative supervision mechanism to improving supervision channels.Third is legislation clearly defines the principle of interest measurement.Fourth is clear exemption from public limits.The fifth is to determine the principle of segmentation.The sixth is to define the principle of maturity.In general,the problem of insufficient disclosure of procedural information and excessive disclosure exemption is solved,and the principles and rules are also connected with each other.In this way,not only the right to know in the disclosure system of procedural information exemption can be guaranteed,but also the right to know will not be overprotected.