The Utilization And Controlling Of Administrative Discretion In China’s Disclosure Of Government Information System

Since the implement of <Regulations on Disclosure of Government Information of China>,the system has drawn more and more attention.Despite the high number of applications,the answer “No” from the administrations are also rising in which some decisions are obviously unfair.Because of the abuse of the administrative discretion by the government in the disclosure information system,some of the applicants can’t get the information they want.Thus,it’s important to set regulations on the situations to protect the lawful interests of the applicants.This paper,focusing on the study of administrative discretion,is based on reading and analysis of lots of relative documents and essays both from foreign countries and China to find out the background and practice of the system in different countries,combining with the analysis on real cases from the Chinese governments in review and processing of the applications to emphasize the essential role administrative discretion plays in the system and the negative consequences it brings to the society.The paper tries to find out solutions to prevent power abuse,which can be used in China’s information legal system,by listing and studying the relative articles carried out by other countries such as America,Britain,Sweden and Japan in information law to realize the goal of consummating the legal system and protecting the legal interests of applicants.Through collecting and analyzing the experiences of foreign countries,the paper suggests methods both from legislative,administrative and judicial aspects to prevent the abuse of administrative discretion.The legislative methods include enhancing the level of <Regulations on Disclosure of Government Information of China>,reviving and improving articles of the law and establishing legal system of information disclosure;administrative methods has two aspects: one is from the outside of the administrative organs,and the other is from the governments;the judicial aspect involves strengthening the judicial scrutiny and recommending the court to collect and issue cases of power abuse.