Collection

zero Useful+1

zero

Information disclosure

The system that organizations open to the public or to specific individuals or organizations upon application

Information disclosure refers to State administrative organs And the organizations authorized and entrusted by laws, regulations and rules, actively Government information towards The public Or open to specific individuals or organizations upon application.^[1]

In February 2015, the "transcript" of information disclosure was released, General Office of the State Council Strictly supervise and check, and the time of "handing in homework" of each department is greatly advanced. However, the publication of the "report card" of information disclosure requires not only speed and scale, but also more work on "quality".^[2] In April 2015, the General Office of the State Council issued《 Key points of government information disclosure in 2015 》More explicit emphasis on promoting the list of administrative powers Financial funds 、 public service , state-owned enterprises, environmental protection, etc. Many of these aspects are included in the public scope for the first time, such as requiring local government departments at all levels to publish the list of powers and make public the reconstruction and construction of shantytowns Project Information Information of state-owned enterprises social organization and agency Information, etc.^[3]

Chinese name: Information disclosure
Open subject: Government agencies at all levels

Publication and implementation: January 17, 2007
Relevant regulations: Regulations of the People's Republic of China on Government Information Disclosure

catalog

Legal regulations

Announce

edit

Regulations of the People's Republic of China on Government Information Disclosure

It has been adopted at the 165th executive meeting of the State Council on January 17, 2007 and will come into force as of May 1, 2008. 《 regulations 》From basic principle The scope, method and procedure of disclosure, supervision and guarantee shall be clearly stipulated. It is the basic law for the disclosure of government information in China, and it is important for a government to strengthen its own construction legal system , promote the construction of socialist democracy and the legal system, and strengthen the administrative power And prevent corruption more effectively. It stipulates that "People's governments at all levels should strengthen their efforts to Government information disclosure Working Organizational leadership 。

According to the basic requirements of "openness as the principle and non openness as the exception", the state vigorously promotes Open government affairs Work. E-government is an important carrier of information disclosure. According to the principle of "overall planning resource sharing , facing the public and ensuring security ", while strengthening the construction of e-government, we will build an online information disclosure platform.

United States《 Freedom of Information Act 》

because Constitution of the United States The principle of decentralization has led to the President's right to decide on his own disposal of all relevant requirements Administrative department Providing information. The press People pay special attention to federal government Agencies and other government entities are unwilling to disclose government information. In 1955, House of Representatives A special committee on government information (the Government Operation Committee) was set up. With the help of the press, the organization began to information acquisition The policy and practice were extensively investigated. As a result, in 1966, after a long investigation by the Congress and a difficult legislative struggle, a new bill《 Freedom of Information Act 》（ The Freedom of Information Act ）A new concept was born and replaced the relevant parts of the original Administrative Procedure Law. The Freedom of Information Act came into force on July 6, 1967 after being approved by the President of the United States.

The basic principle of the Act: if there is no specific reason, the records of the administrative department should be open to the public and any individual, that is, disclosure is the principle, and non disclosure is the exception.

Open subject

Announce

edit

administrative organ

The administrative organ shall actively disclose the government information that meets one of the following basic requirements:

（1） Involving the vital interests of citizens, legal persons or other organizations;

（2） It needs to be widely known or participated by the public;

（3） Reflect the establishment, functions and procedures of the administrative organ;

（4） Other activities that should be actively disclosed in accordance with laws, regulations and relevant national provisions.

People's governments at or above the county level

The people's governments at or above the county level and their departments shall, within the scope of their respective duties, determine the specific contents of government information to be actively disclosed, and focus on the following government information:

(I) Administrative regulations , regulations and Normative documents ；

（2） National economy and Social development planning 、 Special planning 、 regional planning And relevant policies;

(III) national economy And social development statistical information ；

(IV) Financial budget 、 Final Account Report ；

(V) Administrative fees Project, basis and standard of;

（6） Government centralized purchasing Contents, standards and implementation of the project;

(VII) administrative licensing The items, basis, conditions, quantity, procedure and time limit of the application for administrative license as well as all the items that need to be submitted Material Catalog And handling conditions;

(VIII) Major construction projects The approval and implementation of;

（9） Policies, measures and their implementation in poverty alleviation, education, medical care, social security and employment promotion;

(X) Public emergency Of Emergency plan Early warning information and response;

（11） Environmental protection, public health Safe production , food and medicine product quality Of Supervision and inspection situation. (Article 10)

People's governments of cities divided into districts and at the county level

The government information disclosed by its departments shall also include the following Government information disclosure Drawing board

（1） Urban and rural construction and management Major events ；

（2） Society Public welfare undertakings Construction situation;

（3） Levy or Land requisition 、 House demolition And the distribution and use of compensation and subsidies;

(IV) Rescue and disaster relief , preferential treatment, relief, social donation, etc Cash and goods Management, use and distribution of.

Township (Town) People's Government

The township (town) people's government shall, within the scope of its duties, determine the specific contents of the government information to be actively disclosed, and focus on the following government information: (1) the implementation of the national policy on rural work;

(II) Fiscal revenue and expenditure , various Special funds Management and use of;

（3） Township Overall land use planning 、 Homestead use Audit situation of;

（4） Expropriation or requisition of land, housing demolition, and the distribution and use of compensation and subsidies;

（5） Township Creditor's rights and debts Financing and labor raising;

（6） Distribution of funds and materials for rescue and relief, special care, relief and social donations;

（7） Township Collective enterprise And other towns economic entity Contract, lease, auction, etc;

（8） Execution one-child policy The situation.

Main features

Announce

edit

Administrative

Government information disclosure is administrative.

On the one hand, government information is related to administrative act Information about, or government office The information obtained by authority is related to the operation of the government's public administrative power, and is the manifestation of the operation process or results of administrative power. Without administrative power, there is no what we call Public information There is no government information disclosure. on the other hand, Government information disclosure Also needed administrative power The operation of information is inseparable from the administrative power, and the disclosure of information is also inseparable from the administrative power. Sometimes the process of information disclosure is also the process of information generation, and the administration runs through all the time.

Rights

Government information disclosure has rights

Information disclosure is based on the right of citizens to obtain government information, not on administrative power. Modern constitutional concept tells us whether the government should Public information Whether to provide information to the public is not determined by the power of the government, but by the rights of the people. This right is the constitutional right enjoyed by the people. Therefore, the government should provide whatever information the people need. Only in this way can the corresponding constitutional rights be realized. According to the constitutional rights and specific legal provisions, individual citizens are citizens and the public who freely obtain government information Authority A basic principle of the relationship between.

Exceptions

Government information disclosure is exceptional

Not all government information can be made public. In fact, a considerable part of government information cannot be made public. Many information held by the government is classified as "secret", which is based on national security It is also a common practice of all countries in the world. When the content of government information involves national security and its disclosure will affect national interests, its disclosure will be strictly prohibited, and《 Confidentiality law 》Strictly regulate. Therefore, there are exceptions to the disclosure of government information, and it is difficult to list all the information that can be disclosed legislative technique Generally, exceptional information is the focus of research. Except exceptional information, other government information should be made public.

Dependability

Government information disclosure Rely on the carrier

Government information is invisible, and it must be reflected in a certain way. A certain way is in essence a certain form of carrier. For example, through the government Public publications These forms of expression cannot be separated from certain carriers. Therefore, the publicity of government information should be based on carriers. Without carriers, government information cannot be transmitted. The range of carriers is diverse, which can be paper Written form , can also be in electronic form, and, with the development of technology computer network The way of obtaining information in form is more popular, but the cost of different carriers is different, which requires legal provisions and choices. Therefore, although it is not so important to rely on the carrier of government information disclosure, it affects the transmission of information, and even directly affects the determination of the charging standard for government information disclosure.

Open process

Announce

edit

The administrative organ shall actively disclose the government information through the government gazette, government website press conference As well as newspapers, radio, television and other ways to facilitate public awareness. People's governments at all levels should National Archives The public library shall set up a place for consulting government information, and shall be equipped with corresponding facilities and equipment to facilitate citizens, legal persons or other organizations to obtain government information. The government information produced by the administrative organ shall be made public by the administrative organ that produced the government information; Government information obtained by an administrative organ from citizens, legal persons or other organizations shall be made public by the administrative organ that keeps the government information. If laws and regulations provide otherwise on the authority of government information disclosure, such provisions shall prevail. The government information within the scope of active disclosure shall be disclosed within 20 working days from the date of formation or change of the government information. If laws and regulations provide otherwise for the period of government information disclosure, such provisions shall prevail.

The administrative organ shall compile and publish Government information disclosure Guidelines and Government Information Disclosure Catalogue , and timely update. The administrative organ believes that the government information applied for disclosure involves trade secrets privacy , and will decide on the open government information content And reasons for notifying the third party administrative organ in writing to disclose the government information in accordance with the application, which shall be provided in the form required by the applicant; If it cannot be provided in the form required by the applicant, it can be provided by arranging the applicant to consult relevant materials and provide Copy Or other appropriate forms. The administrative organ shall provide government information according to the application, in addition to receiving retrieval, copying, mailing, etc Cost Not allowed to collect other expenses 。 Administrative organs shall not provide government information through other organizations or individuals in the form of paid services.

Service platform

Announce

edit

national library It is developed to meet the public's effective use of government information One stop service The platform, which is user centered, based on the government's public information, technology based, service oriented, is the first government information in China Vertical search engine 。《 Chinese government public information integration service platform 》At all levels Government website The government public information is the integration object, and the government public information at all levels is collected locally through automatic collection; The platform integrates various ministries and commissions of the State Council, provinces, autonomous regions municipality directly under the Central Government And other public information of the government Official Gazette , government agencies and other topics Resource library ； A resource description system has been built for different forms of government documents, and unified metadata framework , Yes Government information resources Content, external characteristics and Association It is fully organized, excavated and disclosed, providing convenience for the public to inquire about the government's public information.

Expect "the Chinese government is open Information integration The launch of "service platform" can drive public library Overall planning of government public information integration services Coordinated development And provide more and better services for the public.

Significance

Announce

edit

Effectively promote nationwide anti-corruption.

All frauds are based on Information Asymmetry , whether Outlaw The fraud of, or the corruption and abuse of power by government officials, all stem from the information asymmetry between the two sides, which has been proved to occupy Information advantages Will become a strong party. The publicity of government information makes the government fully open the information, reduces the information asymmetry between the government and the public, and will greatly improve The public To improve the public's supervision ability, which has a great inhibitory effect on the government's dereliction of duty, corruption, and abuse of power. Full disclosure of government information is an important measure to fight corruption and promote government officials Incorruptible government Important measures for diligence.

Promote the whole country from top to bottom Rule by law 。

Before the government information was released, although some advanced regions had passed the e-government To realize the publicity of some government information, but the development of government information publicity is very out-off-balance Many regions have not yet taken action, and some local officials have slowed down the progress of government information disclosure and delayed government reform for the reason of no corresponding laws and regulations. Government information disclosure It has effectively standardized the information disclosure behavior of governments at all levels, guaranteed the progress of government reform, and improved the implementation effect of various policies because of more effective openness. To a certain extent, it has curbed the "policy above and countermeasure below" and promoted Government action In particular, the standardization of government behavior at the grass-roots level, in remote areas and in rural areas has promoted the whole country to govern by law from top to bottom. It can be predicted that e-government construction combined with government information disclosure will also become an important force to promote governments at all levels to govern according to law.

promote Government credibility Promote cooperation between the government and the public.

Government's credibility Has become a valuable social resources ； Mutual trust between the government and the public can enhance the effect of cooperation; Consensus building between government and enterprises can improve economic activity To reduce government administrative cost And make the society benefit more. In the past, the government had a strong Information channel Advantages, easy to manage; Nowadays, with the popularization of modern information means such as the Internet, the information channels of the public are increasingly rich, and the things they know are increasing. The public trust of the government is greatly challenged by social rumors, noise and the appearance of some government officials' disciplinary violations. Therefore, it is no longer the government that believes what the public says. The government can only improve its credibility by being honest with the public.

Promote social and economic development.

Policy stability Open government affairs It is an important environment for the social and economic development of modern countries. The clearer the public understands the government's policy intentions, the more confident they will be about future expectations. At the same time, a clear expectation can encourage long-term social investment and effectively promote economic development. Policies are only locked in a drawer for officials to use as needed, which will increase investors' concern about future benefits and reduce Investment scale As a result, enterprises and investors pursue short-term results, which greatly reduces the quality and efficiency of economic construction. Facts have proved that those regions that attract more investment and have good economic development are often areas where government information disclosure is well done and where the government is most trustworthy.

Promote the construction of a harmonious society based on people.

China's economy It has developed to the stage where the people-oriented policy must be implemented, relying on a large amount of consumption natural resources Of extensive economic growth The mode has come to an end“ knowledge economy ”It has become the only way for further economic development. The most important resources in the knowledge economy society are knowledge, wisdom and creativity, which only exist in people's minds. Modern governments should mobilize intellectual resources Focusing on people respect intellectual Our society can mobilize intellectual resources.

Problems

Announce

edit

How to solve the problems caused by the diversity of information disclosure subjects?

The subject of government information disclosure is mainly the administrative organ and the management authorized by laws and regulations public affairs Functional organization. The subject of information disclosure involves many departments and institutions, and there are problems of unified construction and distributed construction in the implementation.

How to support the diversity and complexity of the information disclosure process?

The information release conference in the public directory sets corresponding publishing processes according to different departments and directories, and needs to support a customizable multi-level publishing approval process; Open upon application The approval process of application forms needs to support the approval process that meets the business requirements.

How to meet the requirements of information disclosure data format The stability and variability of?

The information release conference in the public directory sets different data format content according to different departments and directories, and frequently changes the data format of the original directory.

How to realize the supervision and management requirements and implementation requirements in information disclosure?

According to the standardized evaluation principles, assessment methods and user demand , according to Government information disclosure The setting of assessment indicators, how to realize the statistics and analysis of assessment data, and how to better provide quantitative basis for the daily supervision and work assessment of government information disclosure.

Beneficial enlightenment

Announce

edit

Government information disclosure The system first appeared in Northern Europe Of Sweden

The system of government information disclosure first appeared in Sweden in Northern Europe. As early as 1776, Sweden formulated《 Freedom of the Press Act 》, endowing ordinary citizens with the right to require courts and administrative organs to disclose relevant official documents. However, the United States is the first country to standardize the system of government information disclosure. So far, there are Australia 、 Canada , France, Germany, Britain, South Korea, Japan, etc countries and regions Special Information Disclosure Law 。 Looking at the legislative history of government information disclosure in various countries, we can get some useful enlightenment from it:

First, internally coordinated legislation system 。

The legalization of information disclosure involves government documents, meetings, electronic records, etc information carrier Public and citizens rights of privacy 、 State secrets 、 trade secret Therefore, it is quite difficult to formulate an all inclusive information disclosure law, especially when a country's information disclosure reform has just started, it is almost impossible to formulate a single information disclosure code. The legislative experience of information disclosure in the United States has fully proved this point. From the perspective of the situation in the United States, the government information disclosure system in the United States consists of a series of laws《 Freedom of Information Act 》Yes Government information The most important public law Representativeness And exemplary laws, which are important to US Federal Government Various institutions have made provisions on the disclosure of government information. In addition, the Advisory Committee Act enacted by the United States in 1972 stipulates that the organization, culture and meetings of the advisory committees of the federal executive bodies must be made public. The United States introduced in 1976《 Government Law in the Sun 》Further provisions Collegiate system Meetings of administrative organs must be open, and the public has the right to observe meetings and obtain information about them. In 1974, the United States enacted the Privacy Act to protect citizens' privacy from infringement by government agencies, control the behavior of administrative agencies in handling personal records, and protect individuals' right to review their own files. The United States legislates information disclosure in stages and steps, and finally forms an internal harmonious legal system It is undoubtedly worth learning from China's pragmatic approach.

Second, the legislative trend from part to whole.

On the surface, the countries that have achieved the legalization of information disclosure in the world are marked by the special information disclosure law formulated by the parliament. However, the experience of South Korea shows that it is a feasible legislative path to formulate corresponding information disclosure regulations at the local level first, and then carry out unified legislation at the national level when the time is ripe. It is on the basis of summing up the experience in the formulation of regulations in various regions that the Korean Parliament formulated the information disclosure law to be implemented nationwide. Although the unified legislation at the central level has the advantages of high level of effectiveness and wide range of restrictions, it needs a lot precondition If the time is not ripe to rush to formulate a unified national information disclosure law, there will be some negative effect 。

Third, the strong guarantee of the litigation mechanism.

Overall developed country The process of legalization of information disclosure and effective litigation mechanism are often very important links in the reform of information disclosure. The experience of the United States provides strong evidence for this. In the United States, there are two kinds of lawsuits involving information disclosure: one is“ Freedom of Information Act Litigation "means that the public has the right to sue the court for the non disclosure of government information and request the court to order the disclosure of government information; The second is "the litigation of the freedom of counter intelligence law". The experience of the United States shows that the information disclosure is relatively perfect Litigious right System plays a great role in promoting the legalization of information disclosure.

Foreign system

Announce

edit

our country Government information disclosure Comparing the system with the government information disclosure system of Japan, South Korea and the United States, we can find that there are still many shortcomings in our government information disclosure system. Therefore, we should combine some successful experiences of foreign countries to build a government information disclosure system legal norm The system and refinement of citizen relief channels and procedures should be improved.

Government information disclosure; Citizen's right to know ； Remedies

It is suggested that the publicity of government information is an important part of the social, political, economic, cultural and educational Comprehensive development Aspect guarantee Citizenship An item of Basic obligations 。 Since Sweden enacted the Freedom of the Press Act in 1766, more than 40 countries and regions in the world have developed a government information disclosure system laws and regulations 。 It can be seen from the practice of various countries that the establishment of government information disclosure system is to strengthen administrative system Transparency of operation, maintenance of social stability and protection Civil rights The best way.

The Development of China's Government Information Disclosure System

The first time the government information disclosure system was involved was on November 6, 2002 Guangzhou Municipal Government Promulgated《 Government Information Disclosure Regulations 》(hereinafter referred to as the "Regulations"), which came into effect on January 1, 2003, is the first system formulated by local governments to regulate government information disclosure Government regulations 。 Since then, the formulation of government information disclosure regulations has been carried out in various places. Issued by the State Council on May 1, 2008《 Regulations of the People's Republic of China on Government Information Disclosure 》The formulation and implementation of《 regulations 》）。 The first anniversary of the implementation has passed. During this year, we noticed that the public has Access to information Mainly from government information disclosure websites, however Government access Of information content Generally less, information retrieval information service The function of is weak. Some departments have invested a lot of money Build website , but the public content is not enough, not detailed enough, and not updated in time; Some units appear to have a large amount of public information, but careful analysis of the actual content is not much, and some are mixed with unconfirmed News report Message. On the whole, the information disclosure of laws, regulations and business rules that require citizens to abide by the law is relatively strong, but the information disclosure of policy standards and capital revenue and expenditure related to government decision-making is relatively weak. The administrative organs' awareness of abiding by the law needs to be improved right to know The enthusiasm for actively maintaining and participating in more politics needs to be improved.

The Regulations are promulgated as Government information disclosure The implementation of the system points out that sollen The value of the government information disclosure system lies in how to implement it and how to better implement it. We should constantly improve and develop the government information disclosure system on the basis of practice, so as to better protect citizens' right to know and build a real“ Sunshine government ”、“ Service-oriented government ”。

Japan, South Korea and the United States

The Comparison between Government Information Disclosure System and China's Government Information Disclosure System

The government information disclosure system has a history of 40 years in the world, and China's government information disclosure system started relatively late, which inevitably has some shortcomings. For this reason, we can selectively absorb and use some successful experience from foreign countries in order to better improve our government information disclosure system and avoid less detours.

2.1 Japan

《 Information Disclosure Law 》The appeal organ that refuses to accept the administration in the Law on the Disclosure of Information, as stipulated in, has“ Information disclosure The members of the review committee are not civil servants in the administrative organs, but judges, lawyers Social justice People and scholars did not put members of the administrative organs in the review meeting because they believed that it was necessary to have the eyes of an independent third party to make judgments. China's Government information disclosure Working Supervisory authority yes Supervisory organ And superior administrative organs.

2.2 Korea

According to the Law on the Disclosure of Information by Public Organs, if the information disclosure requester is not satisfied with the decision of the public organ on the disclosure of information not to be disclosed or partially disclosed, he/she can raise an objection or file a complaint with the organ that made the decision or other organs specified by the law administrative reconsideration , or directly to the court administrative proceedings 。 They also stipulated that when the public authority considers that all or part of the information requested to be disclosed is related to a third person, it shall notify the third person in a timely manner and listen to his opinions when necessary. A third person may request the public authority not to disclose the information related to him or her. If the public authority makes a public decision in disregard of the third person's non-public request, it shall timely notify the reason for the public decision and the public implementation date in writing. The third person may raise an objection to the public authority that made the decision in the form of a document, or file an administrative reconsideration or administrative lawsuit. Chinese《 Regulations on Government Information Disclosure 》There is no content related to this aspect, only Article 23 stipulates: "The administrative organ believes that the government information applied for disclosure involves trade secrets and personal privacy, and will notify the third party in writing of the content and reason of the government information decided to be disclosed." Article 33 stipulates: "Citizens, legal persons or other organizations may report to higher administrative organs, supervisory organs or government departments in charge of information disclosure if they believe that an administrative organ has failed to perform its obligation to disclose government information according to law. The organ receiving the report shall investigate and deal with it. Citizens, legal persons or other organizations believe that an administrative organ has specific administrative act Infringe upon it Legal rights and interests And may apply for administrative reconsideration or bring an administrative lawsuit according to law. " It can be seen that the Regulations on the Disclosure of Government Information in China is not comprehensive and detailed enough, and needs to be improved.

2.3 United States

The legislation on information disclosure and protection of citizens' right to know is composed of a series of laws, mainly including three legal norms, namely《 Freedom of Information Act 》、《 Government Law in the Sun 》And the Federal Privacy Act. The Law of the People's Republic of China on Government in the Sunshine stipulates that the meetings of collegial administrative organs must be made public. The procedure for making the meeting public is that the administrative organ should issue a notice one week before the meeting is held. State the time and place of the meeting, the topic of the discussion, whether the meeting is held in public or not, and the name and telephone number of the staff designated by the administrative organ to answer public inquiries. If an announcement cannot be made one week ago in an emergency, the administrative organ may shorten the time limit for the announcement. However, the announcement must be made by a majority of the members Voting , make voting records and announce relevant matters of the meeting as early as possible. In China, there is only one law concerning citizens' right to know, the Regulations on the Disclosure of Government Information, which has not yet formed a legal system concerning citizens' right to know.

Perfect our country Government information disclosure Suggestions on the system

The implementation of government information disclosure system in China is for citizens to exercise Supervisory power It has provided legal protection, which has curbed the occurrence of corruption to a certain extent, and further promoted China's Political democratization The process of. However, the implementation of the government information disclosure system in China is only a few years old, which inevitably has some shortcomings. In view of this, the author puts forward the following suggestions:

Establish a supporting system of government related legislation

Establish laws and regulations matching the Government Information Disclosure Regulations, for example, formulate the Personal Privacy Protection Law to clarify the content of personal privacy, formulate laws and regulations on government information disclosure from different perspectives, and form a legal norm system for government information disclosure and citizen rights protection.

Fully listen to the voice of the people

Before making a decision on people's life, production or other vital interests, we should focus on listening to the opinions of the people concerned Work programme The will of the people should be fully taken into account. You can set hearing system Incorporate it into the government information disclosure system, so as to improve the public's Participation 。

The application procedure is detailed and clear

Clarify the relief channels and procedures when the applicant disagrees with the decision of the administrative organ to "make public" or "not to make public" the information. If the third person is involved, the third person's Safeguard measures And a third person Administrative decisions Remedies for non-compliance.

Information disclosure

Clarify the economic compensation liability for the loss caused to the applicant or the third party due to the violation of the administrative organ in the process of information disclosure.

Transparency of information

The subjects targeted by government information disclosure should not only be Chinese citizens, but also foreigners and overseas students who have lived in China for a long time or have a fixed residence in China, as well as some Wholly foreign-owned enterprises 。

in summary, Government information disclosure , the emerging democratic system , in the protection of civil rights, supervision executive power The aspect has a positive role that cannot be ignored. We should constantly explore and summarize experience on the basis of practice theoretical innovation At the same time, it should also actively promote the awareness and participation of citizens.

Novice on the road

Growth task Getting Started with Editing Edit Rule Edit by myself

I have questions

Content query Online Service Official post bar Feedback

Complaints and suggestions

Report bad information Failed to appeal through entries Complaint of infringement information Blocking query and unblocking

Jinggong Network Anbei No. 1100000200001