Research On The Optimization Path Of Information Disclosure Of Party-Government Joint Documents

The party-government joint document is a hot research topic in the current academic circles,mainly focusing on the nature,function,classification and regulation of party-government joint document,while the research on the information disclosure is relatively few.The Party-government joint document is a necessary means to achieve the party’s overall leadership in the new era.It has gradually become an important and normalized tool for the party’s governance of the country.Under the background of the lack of clear normative basis,optimizing the path of information disclosure of party-government joint document is not only an inevitable requirement to protect citizens’ right to know,but also to achieve effective supervision,so as to avoid it becoming a supervision "grey area".The judicial practice of information disclosure of the joint documents of the Party and the Government can reflect the demands of citizens’ rights,the treatment of administrative organs and the judgment attitude of judicial organs.Based on the analysis of 41 judgment documents on information disclosure of party-government joint documents,it can be found that most judicial organs mainly use the formalism judgment standard based on the production subject.Only in a few cases,the substantive judgment standard is adopted.Besides,it avoids a positive response to the attributes of the party-government joint document and ignores the role of the party organization in the information disclosure of the party-government joint document.This brings up a real dilemma.On the one hand,it is practically necessary and reasonable for citizens to apply for the disclosure of party-government joint documents,and choosing to apply to administrative organs is also the best choice at present.On the other hand,in the face of citizens’ requests for the disclosure of party-government joint documents,the administrative organs lacked initiative.At the same time,the judicial organs had a strong sense of withdrawal.As a result,citizens’ right to know the joint documents of the party and government cannot be effectively guaranteed.The reasons for this dilemma are not only the lack of a clear normative basis for the information disclosure of joint documents of the party and the government,but also the imperfect interaction mechanism between the disclosure of party affairs and government affairs.In order to solve the practical dilemma of the information disclosure of the party-government joint documents,the thesis put forward optimization suggestions from two aspects.On the one hand,improve the information disclosure mechanism of party-government joint documents through legislation and regulations,so as to fundamentally solve the dilemma of information disclosure of party-government joint documents.The thesis holds the opinions that party-government joint documents belong to mixed party-government information,and the party organization has the right to decide whether or not to make party-government joint documents public.Both party organizations and administrative agencies can serve as the main subject of information disclosure of party-government joint documents.Citizens can choose to apply to party organizations or administrative agencies for disclosure.Correspondingly,they can seek relief through party affairs disclosure or administrative reconsideration or administrative litigation.On the other hand,in the absence of a clear normative basis for the information disclosure of party-government joint documents,the administrative organs in general should consult the party organization in the face of citizens applications.The party organization decides whether to make it public.Under exceptional circumstances,the administrative agencies have the right disclose it on its own.The judiciary should focus on the fundamental issue of whether party-government joint documents can be made public,conducting substantive examination of the contents of party-government joint documents.If it is deemed necessary to disclose information,the judicial organ can propose information disclosure to the party organization in the form of judicial advice.