On The Scope Of Government Information Disclosure In Public Emergencies

Since the implementation of the "Regulations on Disclosure of Government Information" in2008,a legal system for disclosing government information has been effectively established,gradually realizing the legislative purpose of restricting and supervising administrative powers and protecting citizens' right to know.The continuous research in the academic field and the implementation of the legislation have jointly promoted the revision of the Regulations in 2019,but there are still important issues that have not been effectively regulated in the form of administrative regulations to achieve its legislative goals.Since the beginning of the 21 st century,my country's rapid economic development has also been accompanied by various crises.The 2003 SARS epidemic,the 2008 Wenchuan earthquake,the 2015 Tianjin Port explosion and other emergencies have emerged one after another.The new COVID-19 that began in late 2019 and continues to the present has profoundly affected the vital interests of the country and all citizens.When these crises occur,the public's urgent need for the right to know and the implementation of emergency response measures require the government to pay more attention to the timeliness,flexibility and comprehensiveness of information disclosure,it must not only meet the urgent needs of the public,but also take into account the national image,public interests,economic development and a certain degree of protection of citizens' individual rights.At this time,the "Regulations",which is mainly aimed at the application of information disclosure regulations under normal conditions,obviously have many shortcomings in the application of emergency conditions,not only that,the academic circles have not paid enough attention to in-depth research in related fields.Therefore,the analysis and improvement of the scope of government information disclosure in the emergencies discussed in this article are based on the scope of disclosure of the COVID-19 in my country,Which is based on the relatively mature academic achievements and legal system of government information disclosure,and specializes in studying the issue of disclosure scope from the perspective of public emergencies.This has positive reference significance both in terms of academic theory and the actual application of existing legal norms.This article first reviews the scope of government information disclosure in various time stages of the COVID-19,and summarizes the general problems in this typical case in terms of the scope of the publishing subject's authority,the scope of the publishing content,the scale of personal information disclosure,and the ability to control public opinion.From top to bottom,we combed and analyzed the legal norms of my country regarding the scope of information disclosure on emergencies,especially public health emergencies,and found that there are unreasonable points in these legal norms corresponding to the above-mentioned problems,such as disclosure obligations are inconsistent in the scope of authority of the subject,the scope of disclosure is generally vague,lack of specific rules for the scope of personal information disclosure and unsound information disclosure supervision mechanism,etc.Then use the Internet,library and other data collection methods,read and summarize relevant domestic and foreign documents,deeply understand the legal basis behind the discussed questions,and on the basis of clarifying related theories and clarifying the working principles of guiding the scope of information disclosure,finally put forward suggestions for improvement from four aspects: subject scope,content scope,personal information disclosure scope,and supervision mechanism: The scope of the subject of the disclosure obligation should be expanded,distinguish factual information and decision-making information according to the nature of the emergency information,and delegate its publishing authority to specialized agencies and government agencies,and according to the scope of the affected area and different levels of the emergency,the publishing authority will be distributed among the government agencies at the corresponding level.The scope of the disclosure should be comprehensive and specific,and the information should be classified according to the phased normative information before,during and after the event.The disclosure of personal information should be guided by the principle of proportionality,adopt a hierarchical management model and de-identification technology,and strengthen the accountability of those who improperly disclose personal information.In terms of the construction of the supervision system,it is necessary to explore the establishment of an independent information disclosure supervision agency and form a good social supervision system that the focus is to guide the effective use of the media's communication and supervision function and to accurately judge and combat social rumors.