Research On Exception Rule Of Government Information Publicity

The system of government information disclosure is an important system for effectively restricting and supervising the operation of administrative power,ensuring citizens’ right to know,and constructing a transparent government under the rule of law.It has been ten years since the promulgation of the regulations on the disclosure of government information in China,and many achievements have been made.However,there are many problems in the implementation process.On April 3,2019,the revised regulations on the disclosure of government information was promulgated,establishing for the first time the guiding principle of "openness as the norm and non-disclosure as the exception",and expanding the scope of government information disclosure as far as possible.The exception rule essentially determines the scope of government information disclosure,which is the key problem of government information disclosure system.Although this paper focuses on the exception rule of government information disclosure,it is intended to emphasize the maximization of government information disclosure,protect the rights of the third party and prevent the abuse of the application right.On the one hand,the scope of exceptions should be narrowed reasonably,the judgment criteria of exception information should be clarified,and an effective supervision mechanism should be established to maximize the disclosure of government information.On the other hand,to further improve the administrative procedures,to protect the rights of the third party.Establish the litigation responsibility mechanism of the litigation cost transfer system to regulate the abuse of the right of application.Specifically,this paper is divided into the following parts:The first part: the orientation and application principle of the exception rule of Chinese government information disclosure.First of all,this paper analyzes and compares the relevant concepts of exception rule,so as to get the connotation of the concept of exception rule.The classification of exception information is also listed.This paper studies the exception rules based on three basic clues: state secrets,business secrets,personal privacy and administrative function exception information.Secondly,it analyzes the unity of opposites between the disclosure of government information and the exception,and makes clear that the exception rule is the key to the scope of the disclosure of government information.The most reasonable relationship between the two is the principle of maximum disclosure.Finally,the application principle of exception rule is explored.The principle of interest measurement,the principle ofdue process and the principle of proper exercise of application right can effectively protect citizens’ right to know by standardizing the operation of administrative power and preventing the waste of public resources.The second part: the normative analysis of the exception rule of Chinese government information disclosure.Firstly,the legislation status of exception rule is summarized from three aspects: law and administrative regulations,central department legislation and local legislation.Secondly,the legislative omission of exception rule is analyzed.It is manifested in the following aspects: conflicts exist between legislation;The scope of state secrets is too large and the mechanism of decryption is not perfect;The definition of business secret and personal privacy is not clear,and the rights protection procedure needs to be improved;The judgment standard of the exception information of administrative function is not clear and the rule of measuring public interest is lacking.Omissions in legislation make exceptions easy to be abused,which greatly limits the scope of government information disclosure.The third part: the analysis of the application difficulties of the exception rule of our government information disclosure.Firstly,it analyzes the difficulties in the application of state secrets.And the application of "three safety and one stability";Judicial review is inadequate.Secondly,it analyzes the difficulties in the application of business secrets and personal privacy,and the tendency of expanding protection.Third party opinion solicitation procedure is materialized.The mechanism of litigation liability is not perfect,and the punishment of citizens who abuse the right of application and administrative organs that commit improper ACTS is not strong enough;The conditions of application of the injunction are unclear.Finally,this paper analyzes the difficulties in the application of the exception information of administrative functions,and finds different standards.Administrative law enforcement case file information and file access right to apply confusion.By analyzing the application difficulties of exception rules and providing solutions,we can better apply exception rules and maximize the disclosure of government information.The fourth part: Suggestions on improving the exception rule of Chinese government information disclosure.For state secrets,we should limit the scope of classification,improve the mechanism of declassification,and intensify the formal examination by the courts.For business secrets and personal privacy,on the one hand,on the basis of a reasonable definition of the scope,an extension of the suspension period shall be added,a hearing procedure shall be established,the applicable conditions of the prohibition judgment shall be clarified,and therights of the third party shall be guaranteed.On the other hand,the litigation liability mechanism of the litigation cost transfer system should be established to regulate the abuse of the application right by the applicant.For the exception information of administrative functions,the judgment standard should be clarified and the rule of public interest measurement should be introduced.By providing specific Suggestions on the improvement of the three types of exception information,we can prevent the abuse of exception rules and narrow the scope of non-disclosure as far as possible.Finally,in the field of government information disclosure,we will explore the establishment of a system of social supervisors,improve the guidance and supervision of administrative cases,and strengthen the supervision of the institutions liable for information disclosure,so as to ensure the realization of citizens’ right to know to the greatest extent.