| After the regulations stipulate that the information of administrative law enforcement files can not be disclosed,it lacks necessary restrictions,resulting in the unclear connotation and extension of the concept of administrative law enforcement file information.In the practice of government information disclosure,administrative organs often equate it with non disclosure.In the trial of relevant information disclosure cases,the courts have different judgment standards for the exemption of information from disclosure of administrative law enforcement files.The administrative law enforcement files information is defined as the information made or obtained by the administrative law enforcement organ in the process of administrative law enforcement,and takes the administrative law enforcement files as the formal carrier after the end of administrative law enforcement.The process information overlaps in the administrative law enforcement files information formed after the completion of administrative law enforcement;If the information in internal information,such as internal workflow,is used in external administrative law enforcement activities,it will become a part of the administrative law enforcement files information after the completion of administrative law enforcement procedures.On the judgment of exemption from disclosure of administrative law enforcement files information,the core benchmark of disclosure is whether disclosure will be detrimental to the public interest.When facing the balance of multiple interests,the discretion standard can be established as whether publicity hinders the effective operation of administrative public affairs,has a direct impact on citizens’ rights and obligations,or as the basis of administrative law enforcement. |
