| Article 16 of the newly amended Regulation of the People’s Republic of China on the Disclosure of Government Information(hereinafter referred to as the "New Regulation")in2019 adds three types of government information that are relatively not to be disclosed.The administrative law enforcement case files information is one of them,but the new Regulation only provides a normative basis for the exemption of the information from the public,this provision is relatively general.The operational is not strong,in the application of a certain dilemma,mainly reflected in: the concept of administrative law enforcement files information is not clear leading to its scope expanding;The period of the right to read files is not clear,which results in the concurrence between the right of request for disclosure of government information.The standards of immunity disclosure vary,and reasoning among referees is confusing.In this paper,reference to extraterritorial provisions and legislative model,to explore the application of administrative law enforcement file information path.Clarifying the connotation and extension of administrative law enforcement file information;To determine the exercise period of the right to read the dossier so as to clarify the boundaries between the request right of government information disclosure and the power to read dossiers;To apply the exemption of administrative law enforcement case files information,the main criterion should be "publicity damage." The method of public interest measurement is constructed,which aims to balance various interests and at the same time follow the principle of divisibility to achieve maximum disclosure.And further clarify the substantive reasons for non-disclosure,analysis of the circumstances to be disclosed,in order to provide guidelines for uniform application. |
