Case Research On Disclosure Of Procedural Government Information

The establishment and improvement of the government information disclosure system is an important link in comprehensively advancing law-based administration and establishing law-based government.Since the implementation of the "Regulations on the Disclosure of Government Information" in 2008,the development of government information disclosure system has achieved remarkable success,but there are also some problems in practice needed to be tackled at the normative level,especially with regard to the issue of procedural information disclosure.In practice,because Article 16 of the "Regulations on Disclosure of Government Information" lacks a specific definition of the concept and scope of procedural information,and does not specify the discretionary standards for administrative agencies to decide whether to disclose or not,which leads to controversy over disclosing procedural information in reality.In terms of concept definition,procedural Information is the information that records the administrative decision-making or the process of administrative decision-making by administrative agencies and enterprises and institutions authorized by law to perform administrative duties.At present,relevant laws and regulations on the disclosure of government information have listed procedural Information as the type of information that is free from disclosure,and administrative agencies refuse to disclose procedural Information accordingly.However,procedural information and the results of administrative actions are closely related to public interests and the rights and interests of administrative counterparts,and the public has a demand for public procedural information.Therefore,the administrative organ should determine whether the procedural information involved in the case can be disclosed according to its discretion.However,the current definition of procedural information is relatively vague in government information disclosure normative system,and there is no unified standard for administrative discretion over procedural information disclosure.Furthermore,There is no universal judicial standard for cases involving procedural Information disclosure,which leads to disputes over procedural Information disclosure in practice.By analyzing five sample cases,this thesis focuses on defining the concept and scope of procedural Information,analyzing reasons for procedural Information disclosure,exploring whether procedural Information can be disclosed and how to constrain the discretion of procedural Information disclosure so as to protect citizens’ right to know to the greatest extent.On this basis,through the interpretation of the legislative purpose of non-disclosure of procedural information in principle,the factors that need to be considered in the decision of the administrative organ can be determined.This will help address the lack of discretion in decisions about whether or not procedural information is made public.Doing so can form an effective and perfect path to achieve a balance between openness and confidentiality on the premise of maximizing the right to know.