From Imbalance To Balance: To Promote The Thinking Of Contemporary China Open Government Information

With the advent of the Being Digital Age,information is increasingly becoming the most important strategic resource.Today,the free flow of information is the basis of development and progress of the whole society,as indispensable as the sun and air. In such circumstances,disclosure of government information is naturally becoming the inevitable trend and request of development of modern democratic politics.In order to meet public demand for multi-level to government information resources,to adapt to the complexity of public information resources management and needs of the development of personalized,to solve the problem of government information asymmetry,People's Republic of China Government Information Disclosure Bill which is called Chinese-style "Sunshine Act" came into force upon mayl,2008.That is a Milestone and new starting point of legal system building of Chinese information disclosure.This Bill follows the legislative purpose of "Disclosure is a principle,Secrecy is an exception",it strives for protecting the citizens' Right to Know,makes information disclosure with the higher ranks of the national legal basis,and it also reflects our government's determination which is exercising political power under the sunshine.It has been almost one year since the Bill carried out.The Bill brings challenges to the information secrecy,but it does not achieve our expectations,there is still many phenomenon of insufficient disclosure.There are two reasons for this problem.On the one hand,as an administrative regulation,the Bill must be restrained by the top law.On the other hand,security culture brings strong resistance to the Bill.We are all recognized that Chinese traditional concept of thousands of years which is called "People can be ordered,but can not let him know why" still has formidable historical inertia until now,hindering the process of information disclosure.Not only the officials crave in the information monopoly in the government and the government role localization has not been positively "the main obligations of information disclosure",the populace is also accustomed to accept the information which passively the government provides.Our publics lack the necessary awareness of democratic rights,they are not concerned about the government information disclosure.So in order to make the Bill to achieve its original legislative intention,we must foster an open culture and raise the legal status of information disclosure in the whole society now.We believe that at last we can change the current imbalance between disclosure and secrecy,promote democracy and government by law of society.To solve these issues,this paper takes the specific problems in implementation of the Bill as the breakthrough point,explores the cultural contest between disclosure and secrecy under the iceberg,and analyzes the conflict of legal engagement among the Bill and the People's Republic of China Security Law,the People's Republic of China File Law.This analysis can coordinate the relationship between disclosure and secrecy from the root of the problem.Through in-depth and detailed study,this paper bases on the reality of the institutional environment in China,profits from system design of the Western Country about promoting balance between disclosure and secrecy.My study strives to explore the path how to improve disclosure degree of contemporary Chinese government information from the following three aspects: foster an open culture,reasonable mark off the scope of disclosure and secrecy, complete legal engagement of disclosure and secrecy.These measures can ensure efficient implementation of the information disclosure system.