Study On The Public Scope Of Government Information Of Our Country

Public scope is the core content for the government to publicize the legal policies. By using the method of normative analysis, empirical analysis, comparative analysis, this thesis analyzes and studies the public scope of government information that is stipulated by the legislation of our country and the existing problems, the theoretical scope of the government information, and how to clarify the public scope of the government information in practice.The first part defines the public scope of the government information that is stipulated by the legislation of our country and analyses the existing problems. On the basis of elaborating the public scope of government information that is stipulated by the representative legislation of our country, the following three methods of defining the public scope of government information through legislative means at the present stage are drawn out: the positive enumeration, the combination of negative summarization and negative enumeration, positive summarization and negative enumeration. On the above analysis, it is pointed out that the primary problem of publicizing the government information of our country lies in the narrowness of the public scope. To confirm it, the cases with wide implications in practice at home are analyzed empirically. The second part focuses on the theoretical scope of publicizing the government information of our country. The public scope of government information includes the public scope of should probability and it probability. Through defining the relevant concepts of the public scope of government information, this thesis provides the prerequisites to clarify the theoretical scope of publicizing the government information. The relationship between the pubic scope of government information and the right to know is analyzed from the perspective of the legal basis of publicizing the government information. Therefore, there is an echo to the real scope of publicizing the government information that is stipulated by the legislation of our country in the first part of this thesis. By using the method of comparative study, this thesis elaborates the legislation of the public scope in the countries whose policies of publicizing government information are relatively mature and then the basic frame to construct the theoretical scope of publicizing government information are drawn out: with publication as principles and non-publications as exceptions; to define the scope of publicizing government information on the basis of the combination of positive summarization and negative enumeration; the deciding of government information as non-publication exceptions should be in convergence and matched by the other relevant legal norms. Meanwhile, it is pointed out that only through clarifying the scope of exceptional information can the scope of public information be defined. The principle of defining the exceptional items and the choices of model legislation are elaborated as well.The third part proposes to solve some urgent questions which affect the publication of government information at the present stage. Firstly, we must promote some new ideas that public functionaries establish administrative rights, for example, the ideas of socialization, civil society and participation in administration. Secondly, the thesis shows clearly four key points to perfect supporting laws and enlarge the publication of government information: the establishment and modification of local laws and regulations must reveal the rule of the publication of government information; modify the Secrets Act and Archives Act is the major task to improve matching laws; develop "Personal Information Protection Act" is a breakthrough; perfect the system of protection of commercial secrets is an important aspect. Lastly the thesis shows the Administrative Procedure Act with specific information openly and directly relative to the stakeholders, and it will be the main driving force to push the government to expand substantially the public scope of information. Therefore, when we establish the administrative procedural law, we must reflect the concepts of proper procedures, clear public principles and restrictions on administrative discretion.