The Determination Of Exemption From Disclosure Of Pre-decisional Information

With the revision of the Open Government Information Regulation of the People’s Republic of China,the pre-decisional information is officially included as one of the forms of government information,and is included in the scope of "may not be disclosed".However,in the current legal system,the concept of pre-decisional information is vaguely defined,and the standards for determining whether it is open or not are different,which cause confusion to the specific practice of procedural information disclosure.Therefore,it is of great significance to rationally construct a system of pre-decisional exemption disclosure.To rationally construct the system for identifying procedural information exemption disclosure,it is first necessary to clarify the theoretical basis of procedural information exemption disclosure.In order to ensure frank communication within administrative agencies,ensure administrative efficiency and quality,and avoid affecting social stability,pre-decisional information has the legitimacy of exemption from disclosure.At the same time,in order to protect citizens’ right to know and ensure public participation,pre-decisional information must be restrictedly exempt.Secondly,it is necessary to clarify the prerequisites for procedural information exemption public recognition,that is,the establishment of recognition thinking.There is a dispute between "hybrid" and "split" in the determination of process information exemption.Under the hybrid thinking,once certain information is defined as process information,the information can be exempted from disclosure without any specific reasons.However,with the revision of the Regulations,it is necessary to distinguish the concept of process information and the identification of the disclosure of pre-decisional.With the establishment of the split approach,the determination of exemption from disclosure of pre-decisional information needs to go through two stages.In the conceptual definition stage,by decomposing the types and attributes of pre-decisional information,starting from the "procedural nature" of information,the pre-decisional information is defined as "the government inform which formed in administrative procedures,reflecting the communication between administrative agencies or within administrative agencies".In the public identification stage,the principle of severability,balance of interest and the principle of "adoption and disclosure" shall be comprehensively used.Analyze procedural information and make public or exempt public identification from three perspectives: the breakdown of information content,the measurement of the right to know and decision-making power,and whether the information is adopted by administrative decision-making.Finally,according to the above two stages,constructing a program design for procedural information exemption from public recognition.