Conflict And Balance Between Freedom Of Information And Protection Of National Secret

The State Council passed"The government of the People's Republic of China Information Public Rule"on 17th January 2007,and this rule's releasing has opened the new way of Our government work supervision,which has catered to requests of the citizen for the right to know, and this is a milestone in the process of construction of a democratic government in China. Ordinance purpose is to make citizens, legal persons and other organizations obtain the government information legally, enhances the transparency ofgovernment service, Promote administration according to law, give full play to the service function of government information to people's production and lives and economic and social activities.There are many problems in the government information public practice, for instance, the government public information will present the conflict frequently with the national privacy protection, sometimes some conflicts will be false, will be artificial concocts, sometimes some conflicts will be are truly exist, and it will solve fast with difficulty. When we are vigorously promoting the rule of law, democratic government we also have to recognize that:opening government information is a good regulation, it is a benefits job for the country, so the government should strive to do it. At the same time,the government information law does not take precedence over other laws and regulations in our legal system. The article writing mainly referred achievements about the government information, national security protection, national secret protection aspect laws and regulations and scholarly research domestic and overseas, first, summarized the meaning and the significance of the government information public, analyze our country's government information public legislation and the implementation situation basing on our country national condition, compared with domestic and foreign government information public laws and regulations and practice;Next, it has analyzed the legislative standard about domestic and foreign to the national security, it aslo refer to status of the national security act, the security law in our country legal framework; Then it elaborates and analyzes the government information to publicize with the national secret protection conflict, proposed the human factor and solved the suggestion to this kind of conflict's catalytic effect.The article ultimately analysis progressive significance of new security's method,which thought that the government information publicizes with the national secret protects between both and is not only the relations which in one kind of pile conflicts, but is the relations which one kind keeps in balance coordinated, the article attempts from several aspects to be public to the balanced government information and between the national secret protection's conflict, for instance, clears off the government public information which and the national secret boundary at present may determine, the consummation decides, the decipher procedure densely, breaks the non-black namely white machinery security view and so on.The article gives some more innovative ideas and views after summaring national laws, regulations and some recearch of jurists. at the same time, made some suggestions on opening government information, national security, state secrets protection,similar to those laws and regulations and their implementation. The article gives more comprehensive introduction and review of government information Disclosure Act, and gives more detailed analysis of government information and state secrets protection of the conflict. In the text, writer didn't refuse to recognize the conflict betwen the laws and regulations,also no exaggerated the existence of the conflict,but descript the phenomenon of the conflict in objective, and presented some reasons of the conflict,Reviewing these conflict from the point of government and people. And tries to help both of them to accept the reality of such coordination conflict, as this as basis to try to resolve practical problems. In the text descript that the behavior of individual public officials have enhanced the conflict of them, and put forward some suggestions for solving the problems.