| Procedural information has been debated for a long time in the theoretical and practical circles of our country.Although the “Regulations on Disclosure of Government Information”(hereinafter referred to as the “New Regulations”)revised in 2019 identify procedural information as relatively non-public information and resolved the dispute between absolute non-disclosure and relative non-disclosure of procedural information.But,due to the unclear regulations of the system and the complexity of the procedural information itself,the following problems still exist in the judgment of procedural information disclosure: First,the criteria for judging procedural information are not uniform.The different judgment standards make it impossible to define the scope of procedural information,and then affect the judgment of whether the procedural information is open or not;Second,the disclosure situation of procedural information is unclear.Although the New Regulations stipulate the statutory disclosure,but the specific statutory disclosure is still unclear,and the theoretical and practical circles have disputes about which procedural information can be disclosed;Third,the lack of procedural information disclosure measurement standards.The lack of specific measurement standards makes the disclosure of procedural information difficult,and the judgment subject cannot make accurate judgments on the disclosure of procedural information based on specific standards;Fourth,the abuse of administrative discretion.The expansion of the discretionary power of administrative agencies has triggered their discretionary discretion on the disclosure of procedural information,and the results of such discretion tend to be closed.Under the background of current legislation,to solve the problems in the judgment of procedural information disclosure,improvements should be made in the following aspects : First of all,we should clarify the nature and judgment criteria of procedural information.From a legislative point of view,the essence of procedural information is "procedural".The understanding of "procedural" should be the process of the behavior served by the information,not the process of the information itself.Therefore,it is advisable to adopt the "time standard for information generation" to identify procedural information by judging whether the information is generated in the administrative process;Second,the disclosure or non-disclosure of part of the procedural information should be clarified.In the case of statutory disclosure,procedural information should be disclosed.Except for statutory disclosure,purely factual information and information as the basis for final decision-making should generally also be disclosed,and non-deterministic information and opinion information should generally not be disclosed;Third,by introducing benefit measurement and determining the elements and standards for measurement,it provides reference for the judgment of procedural information disclosure in specific cases;Finally,through the improvement of the principle of proportionality,procedural restrictions,and the increase in the intensity of court review,regulate the discretion of the administrative agency to ensure the disclosure of procedural information and the normal progress of the judgment procedure. |
