An Empirical Study On Information Disclosure Of Documents Jointly Issued By The Party And Government

After the 18 th National Congress of the Communist Party of China,with the progress of the reform of the party and government institutions,the trend of combining party and government offices and sharing resources has become more and more apparent.The number of documents jointly issued by the party and government has also continued to increase,which has led to more profound issues with information disclosure.At present,while the basic principle of the People’s Republic Of China Government Information Disclosure Bill of "openness as the principle,non-disclosure as the exception" has become deeply ingrained in people’s minds,the information disclosure of documents jointly issued by the party and government is facing the real dilemma which is not conducive to the construction of a rule of law government,and even more detrimental to the comprehensive advancement of governing the country in accordance with the law.This article focuses on the information disclosure issues of documents jointly issued by the party and government,and analyzes the current situation of information disclosure based on two fields: proactive disclosure and judicial practice.By analyzing the information disclosure platform and forty judicial cases,this article summarizes and sorts out the current situation of information disclosure of documents jointly issued by the party and government.On the one hand,it organizes the current situation of proactive disclosure,and on the other hand,it provides a detailed analysis of the judicial cases.By summarizing the types of documents jointly issued by the party and government that appear in the information disclosure platform and judicial cases,the main research objects of this article are clarified.By organizing the views put forward by administrative relative person and administrative organs in litigation and defense,the differences in viewpoints between administrative relative person and administrative organs are examined,and the practices of administrative organs in handling such issues are summarized.The reasoning part of the court’s judgment is summarized to sort out the court’s logic and rules.Based on the current situation,the real difficulties of information disclosure of documents jointly issued by the party and government are found.Firstly,there is no uniform standard for proactive disclosure of documents jointly issued by the party and government,making it difficult for citizens to obtain information.Secondly,the formal examination of documents jointly issued by the party and government tends to become routine,which further simplifies the burden of proof for administrative organs in related administrative litigation.Thirdly,the right of citizens to be informed about documents jointly issued by the party and government cannot be guaranteed.Furthermore,the reasons for the difficulties are analyzed,including the expanding demand for democratic supervision under the entire process of people’s democracy,the insufficient connection mechanism between party affairs and government affairs,the urgent need to transform the administrative subject theory under the combination of party and government offices,and the need to adhere to the judicial restraint strategy.This article conducts a countermeasure analysis of the information disclosure of documents jointly issued by the party and government from four levels.Firstly,at the legislative level,it clarifies the formulation procedures,scope of application,and disclosure standards of joint party and government documents.Secondly,at the administrative level,it clarifies the processing mechanism of information disclosure applications for documents jointly issued by the party and government.Thirdly,at the judicial level,it constructs judicial rules based on substantive review,enabling the court to make more reasonable judgments under existing norms.Finally,at the supervisory level,it improves the filing and review mechanism.The documents jointly issued by the party and government has an indispensable function in the existing national governance system.Improving the information disclosure of the documents jointly issued by the party and government is conducive to improving the level of government information disclosure,promoting the building of a law-based government,and helping the court to clarify its own positioning in the judicial adjudication of such cases,and promoting the better integration of documents jointly issued by the party and government into the existing national governance system.