Research On The Information Disclosure Of Administrative Law Enforcement Files In Government Information Disclosure

Article 16 of the newly revised Regulations of the People’s Republic of China on the Disclosure of Government Information(hereinafter referred to as the "Regulations")in 2019 adds three categories of matters that may not be disclosed,including administrative law enforcement case file information.Administrative law enforcement case file information is a legal concept that first appeared in China’s legal system.The lack of definition of this concept in the Regulations makes it highly uncertain-its connotation and extension are unclear and unclear,which can easily become "pocket clauses" to erode the statutory scope of government information disclosure.At the same time,the "can" type of regulation also gives administrative organs greater discretion,and if improperly applied,it will hinder the realization of the legislative purpose of the government information disclosure regulations.Starting with administrative law enforcement and administrative law enforcement files,this article discusses and explains the connotation and extension of administrative law enforcement file information by combing legislative evolution,practical practices,and academic perspectives.It believes that administrative law enforcement file information is a collective concept that can include administrative regulations,rules,and normative documents as the legal basis,factual evidence materials,procedural materials,and administrative processing decisions,This means that when administrative organs decide not to disclose administrative law enforcement file information on the grounds of not being able to handle it in a general and simple manner.At the same time,it studies the specific composition,formation time,and classification of administrative law enforcement case information.Secondly,whether the information of administrative law enforcement files needs to be disclosed involves at least two aspects of trade-offs or considerations: one is the trade-off between the right to know and the public interest,and the other is the relationship between the right to know and the party’s file reading rights in administrative procedures.The Regulations list administrative law enforcement file information as a matter that can not be disclosed,with certain legitimate reasons to avoid adverse effects on the smooth progress of the administrative law enforcement process.The parties involved in administrative procedures can obtain administrative law enforcement file information through file access rights,not necessarily through the path of government information disclosure.As for the viewpoint that the disclosure of administrative law enforcement case file information will harm the legitimate rights and interests of third parties such as trade secrets and personal privacy,from the perspective of the systematic interpretation of the Regulations,it cannot be a legitimate reason for not disclosing due to its non specificity.At the same time,the information of administrative law enforcement case files should be made public in accordance with the law,which is not only necessary for the realization of the right to know,but also the concretization of the "Regulations",where disclosure is the norm and non disclosure is the exception.Thirdly,the disclosure of administrative law enforcement case information should adhere to the principle of differentiated processing,which is a requirement of the collective concept of administrative law enforcement case information.It is necessary to handle the relationship with legal disclosure,active disclosure,and administrative law enforcement disclosure systems,and treat the disclosure of each specific type of information with caution.At the same time,it is necessary to handle the relationship with the right to access files and avoid using the right to access files to exclude the applicant’s legitimate right to know.Finally,in the practice of government information disclosure,administrative agencies need to optimize the disclosure of administrative law enforcement file information through three aspects: responding according to the law,strengthening reasoning,improving the system of administrative law enforcement file reading rights,and giving play to the guidance and normative role of typical cases,in order to control the discretion of administrative agencies to make public or not,protect citizens’ right to know,and ensure the construction of a government ruled by law in the sun.