Research On The Issue Of Public Security Administrative Law Enforcement Information Disclosure

In big data era,the rapid flow of information accelerates the sharing of information.The more obvious the information as a resource,the promotion of social economy and democratic politics,the creation of transparent government and service-oriented government in the era of informationization.It is especially important.Under such a background,the vast amount of information that the government has mastered should exert its value in social production and life,and meet citizens’ expectations and requirements for government information disclosure.The "Decision of the Central Committee of the Communist Party of China on Comprehensively Advancing Several Major Issues Concerning the Rule of Law",which was deliberated and adopted by the Fourth Plenary Session of the 18th CPC Central Committee,pointed out:"Law is the key to governing the country,and good law is raised before good governance." The construction of the rule of law public security should include administrative legislation.All-round rule of law,including administrative law enforcement and quasi-judicial behavior.The rule of law public security requires the public security law enforcement to be law-abiding and not mechanically enforced;it not only maintains the dignity of the law,but also forms a good social effect.As a special administrative department,public security organs,public security administrative law enforcement information is an important part of government information disclosure.Because of the special nature of the criminal law enforcement function shouldered by the public security organs,the public security organs face a reasonable measurement problem between the disclosure and non-disclosure of law enforcement information in order to combat crimes and maintain social stability.The research on public security administrative law enforcement information is conducive to protecting citizens’ right to know,is conducive to the construction of the rule of law public security.and is conducive to building a harmonious police-civilian relationship.At present,the academic circles have conducted extensive research on government information disclosure,but there are still a few that pay attention to the particularity of public security administrative law enforcement information disclosure.Based on the empirical analysis of six typical cases,the author deeply compares and explores the particularity of public security administrative law enforcement information on the basis of the traditional government information disclosure theory,and finds that the current public security administrative law enforcement information disclosure concept exists.Issues such as inaccurate definition,unclear principles,unclear subject rights and responsibilities,ambiguous scope,and unreasonable programming.We believe that government information refers to information or data held by administrative organs,except those prescribed by laws and regulations;public security administrative law enforcement information refers to information or data held by public security organs in the process of implementing specific administrative actions,but laws and regulations do not Except for disclosure.On the principle of public security administrative law enforcement information disclosure,the public security administrative law enforcement information disclosure should increase the principle of "openness as the norm,not publicity as an exception" and the principle of "balance",and retain the principle of"fairness,fairness,timeliness and convenience".For the main body of the public security administrative law enforcement information disclosure,by adding the duty of explanation of the "three needs" of the applicant and improving the judgment standard of abuse of the right to apply.for the public security administrative law enforcement information disclosure subject,the obligation subject must simultaneously It has the three elements of "rights,name,and responsibility".At the same time,the public security organs can grant some of the powers of information disclosure to enterprises and institutions to exercise;in the scope of public security administrative law enforcement information,it is necessary to comprehensively sort out public security information,classify and dispose,it is necessary to amend the relevant laws and regulations on information disclosure exceptions.Establish an information disclosure exception protection mechanism;in the procedure of public security administrative law enforcement information disclosure,and strengthen the informationization construction of public security law enforcement information disclosure;in the supervision of public security administrative law enforcement information disclosure,in supervision In terms of the main body,it is necessary to strengthen the construction of two internal and external supervision teams;to be flexible and diverse in the way of supervision,to adopt a combination of various supervision methods,and to improve the assessment system for public security administrative law enforcement information,scientifically design assessment indicators,and refine the assessment process.