The Government Information Publicity Range Research

With China's democratic legal system and promote and civil rights consciousness constantly improve, establish a open and transparent government has become a trend, the government information more and more attention of the public, it is our socialist legal system construction, but also the important component of administration according to law and improve the democratic system. On May 1,2008, the official of governmental information publicity statute law marks on the disclosure of government information system development has entered a new stage. However, because of our government information publicity legislation history is very short, academic research, and not the traditional thought deeply administrative confidentiality, therefore, China's information openness exists many problems. The disclosure of government information system is the core of the scope of public information, to perfect the system of government information publicity, the first of the government information publicity is discussed. This paper, by the analysis and comparison, the disclosure of government information research, innovation of two routes from the legislation and practice, put forward the question, the analysis question, then from the macroscopic system and legislative technology puts forward two Suggestions to solve the problem.The first part of this text is to government information publicity range are summarized. Firstly the government information publicity scope, the paper defines, based on this, it further analyzing the publicity of government information, theoretical basis:right theory, the people's sovereignty theory and the power restriction theory. This section also introduced government information publicity range research significance, has been clear about the research scope of government information publicity to perfect the government information openness system, protect citizens' right to the full realization, to make the sunshine government has the great significance. In the second part of our country mainly expounds the disclosure of government information range of survey, and divided into three fragments. One is to introduce Chinese laws, administrative regulations and the local legislation of government information publicity range of regulation, understand China's legislative situation.2 it is elaborated on China's legal framework is how the provisions of the "exceptions" information.3 it is deeply analyzes the present in legislation and execution of the main problems existing in the. Legislation on the main exist legislative principles unreasonable, active disclosure rules too summarize problem. The execution of mainly exists in public administrative organ idle, publicly illegal, etc. Three is put forward by the above questions, and analyzed the existing problems in China's information openness of reason:1, administrative organs lack public awareness. Because the traditional secret thoughts remained popular, the administrative organs of government information public understanding of the significance enough, make the publicity of government information, range in practice severely curtailed.2, citizens lack of consciousness of right. Although our country citizen's rights consciousness has been improved, but still do not have the right to set up correct concept, this to the expansion of government information publicity range also created a lot of influence.3, information disclosure of the law system defects. Our country has yet to the disclosure of government information law, other relevant laws is hard to find the matching sight, this is the restriction of government information publicity of tumorgenesis.4, confidentiality system influence. Our country "secrecy law history longer, is a and social development has many contradictions old law, seriously hindered the development of the system of government information publicity.This article mainly introduces the main part of foreign countries on the disclosure of government information and the scope of enlightenment. Foreign countries on the disclosure of government information system development, the legal system of early has very perfect. In the legislative model, mainly by the foreign "is open for public principle, with no exception," for the public administrative organs of government information is the legal obligation, except the detailed list of information, and other information exemption shall be made public. Foreign to the disclosure of government information of the legislation on our scope of great enlightenment:one is clear, the second is to improve legislative principles of legal regulations, formulate the disclosure of government information law, three is formulated relevant supporting laws. The fourth part puts forward the Suggestions on the disclosure of government information of the range. Separately from the macro and specific legislation Angle is expounded. Macro, mainly is:1, the disclosure of government information law and other relevant laws, improve the legal system, make public information disclosure of government information has powerful legal protection.2 and modify the secrecy law and define the scope of state secrets, to establish the state secrets strictly limit subject qualification, implement, expanding public information decryption.3, transformation of government functions, building a service-oriented government, thoroughly changed the traditional ruling concept, to improve the government information provides political guarantee range.4, to strengthen the publicity of government, establish and perfect the supervision inspection and evaluation system, the government information publicity work into effect. Specific legislation, first is to actively open government information specified more meticulous, clear a department of public duties, avoid and missing important information. Second is the public information according to application delete "production, life, and special needs" regulation, expand the scope of public information for the public, give full play to the role of the public added according to application. Finally is to "exceptions" situation, not publicly listed in detail the scope of information disclosure, reduce the disputes and controversy.