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Disclosure Of Procedural Government Information

Posted on:2022-05-05Degree:MasterType:Thesis
Country:ChinaCandidate:Z H ZhangFull Text:PDF
GTID:2506306485985219Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Information disclosure,especially the disclosure of procedural government information,as an important part of the realization of the right to know,whether in theory or in judicial practice,has been the focus of attention.Based on the current judicial practice,this paper takes the revision of the Regulations on the Disclosure of Government Information of the People's Republic of China(hereinafter referred to as "the Regulations of the State Council(2019)")as an opportunity,based on current judicial practice and the research results of previous scholars,using the literature research method,the normative analysis method,the comparative analysis method and the empirical research method to research and analyze the disclosure of procedural government information public.The first part of this paper mainly defines what is procedural government information.First of all,taking the two words government information and process as the starting point,the procedural government information is split and interpreted by the method of literal interpretation and system interpretation,that is,all the information produced and mastered in the form of text,pictures,audio and video is produced and mastered in the process of making an administrative decision on the premise of performing administrative duties.Then,from the concept,characteristics and scope of the process of government information to introduce and analyze,it is concluded that the core criteria for identifying procedural government information should be the essence of information rather than the production of the main body or form of expression.The second part of this paper focuses on the theoretical discussion of the disclosure of procedural government information.On the one hand,the disclosure of procedural government information has two major conflicts to guarantee administrative efficiency and encourage administrative participation,maintain social stability and encourage administrative supervision;on the other hand,the disclosure of procedural government information has the three main purposes and significance of expanding the scope of government information disclosure,guaranteeing citizens' right to know,enhancing the transparency of government work,regulating government behavior,facilitating civil society life and promoting social production and development,However,the Regulations of the State Council(2019)provide that the procedural government information can not be disclosed,and the "can not be disclosed" as derived from the systematic interpretation should be interpreted as "the principle of non-disclosure,with disclosure as an exception",with a clear focus on how to avoid conflicts arising from disclosure and ignoring the value of disclosure,How to respond to the real needs and balance the open conflict with value becomes the focus of this paper.The third part of this paper discusses the current situation of the disclosure of procedural government information.First of all,the relevant norms of procedural government information disclosure are briefly combed from the central and local levels.Secondly,the two representative views of the current academic circles are introduced and analyzed according to the public scope of procedural government information.Viewpoint one thinks that the disclosure of procedural government information is limited to factual information,but it is not considered how to coordinate the contradiction between the non-public violation of the public's right of supervision and the public's influence on social stability;the second opinion holds that all procedural government information should be made public except the opinion information of public officials,but whether the opinion information of public officials is absolutely except from disclosure remain to be debated,Then,some representative cases in contact practice summarize the main reasons and focus issues of the disclosure of procedural government information,and find that the process government information and internal information,which are rarely distinguished in practice,intersect with the most controversial public official opinion information.As a breakthrough,by demonstrating the opinion information of public officials should belong to internal information and following the rules of internal information disclosure,factual information and other personnel opinion information should be used as a subset of procedural government information,following the theoretical legitimacy and practical feasibility of the principle of disclosure,and came up with the classification conclusion that "the opinion information of public officials in the current process government information is incorporated into internal information,with non-disclosure as the principle;As a solution to the core contradiction between the conflict and the value of balancing the disclosure of process government information.The fourth part of this paper revolves around the above conclusions,on the basis of drawing on the experience of foreign procedural government information disclosure,combined with forward-looking theoretical analysis,from the four aspects of information disclosure legislation,principles,implementation,supervision and relief to try to put forward perfect suggestions for the disclosure of procedural government information,However,whether it is the introduction of the Information Disclosure Law of the People's Republic of China,the addition of the concept,scope and non-disclosure of procedural government information to explain the reasons for the norms,clear procedural government information disclosure to the maximum extent of disclosure,distinguish between disclosure,private-related first benefit measurement of the three principles,or the formulation of supporting judicial interpretation and implementation regulations,unified practice of applicable rules,can not be separated from the establishment of a sound supervision mechanism,strengthen the governments initiative to open this key initiative.It is true that the disclosure of procedural government information is only a small part of government information disclosure,but it is of great significance to fully guarantee the public's right to know and the right to administrative participation and supervision.With the aim of effectively safeguarding the right to know and promoting the continuous expansion of the scope of government information disclosure,the purpose of "openness as the principle and non-disclosure as an exception" established in the Regulations of the State Council(2019)can be truly implemented.
Keywords/Search Tags:Procedural government information, Opinion information, Fact information, Right to know, Internal information
PDF Full Text Request
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