The Concept Of Exception In Government Information Privacy

"To the principle of open,not open to exception" is the legislative purpose of information disclosure system,it guides us: not only the right to define the boundaries of public information,in order to know clearly the scope of public information.Therefore,the crux of the study is that government information disclosure of information withheld the border and content.However,in the theory of discussion and practice,not open the rules are often ignored by many people,its concept,specific content,relief system is ambiguous,to the administrative organs too large discretionary space,reducing the protection of citizens’ right to know efforts.This paper first uses the literature research method,in the discussion of the protection of human rights theory and public interest priority theory level,the government information is not open and other concepts defined,established the theoretical basis of the argument;then the legal order for the classification,Government information is not open to the rules of the legislation to sort out and analysis,will not disclose the type of matters to clarify the government information does not open the rules of the legislative situation,which summed up the defects are not openly standardized;and then use comparative analysis,The United States and Japan as the representative of the United States and the United States and the civil law system,in the government information disclosure system has a mature system design,this article summarizes the two countries through the enumeration of the two countries In the government information is not open to the rules of the bright spot in order to learn from the mature rules of foreign legislation to improve the domestic system to provide ideas;article finally put forward to improve the domestic relevant system legislative proposals,including the "open principle,exception " into the Constitution,formulated the " government information disclosure law " Book Secrets Act and the Archives Act,with a view to improving the rules of our government withheld information helpful.The main innovation of this paper is to study the boundary of government information disclosure from the perspective of government information disclosure.This paper focuses on the analysis of the existing specific system from the study of public and unlisted value judgments And the evaluation,through the various types of non-public matters applicable to the conditions and restrictions to sort out,to clarify the boundaries of open and non-public,fill the gaps in the existing system,put forward legislative proposals.