Open Government—Research on the Legal System of Government Information Disclosure

Author: Zhang Mingjie
Publisher:
Publishing Date: 2003-10-01
Features: Government information disclosure is a crucial component of democracy and the rule of law in the information age. Establishing a government information disclosure legal system centered on an open government information law has become a global trend. While China has made some progress in government information disclosure, there are still many issues, and a standardized legal system for government information disclosure has not yet been established. Government information disclosure is a new issue in the fields of constitutional law and administrative law, and the relevant concepts, theories, and systems require serious study. Promoting research on the legal system of government information disclosure not only holds significant theoretical value but also has important practical implications. This book examines the development process of the legal system for government information disclosure using horizontal comparative methods between countries and vertical historical analysis, with the acquisition of government information rights as its starting point and the dialectical relationship between disclosure and confidentiality as its thread. It explores important theoretical issues related to the legal system of government information disclosure, investigates problems in China's government information disclosure practices, and proposes solutions and recommendations.
Chapter 1 discusses the basic concepts of the legal system for government information disclosure, arguing that government information is information held by government agencies related to their administrative powers, and the legal system for government information disclosure is a legal framework established through law to safeguard the public's right to access government information.
Chapter 2 analyzes the historical development of the legal system for government information disclosure, with an in-depth study of the United Kingdom as a case. It concludes that democratic traditions, world peace, the development of the rule of law, and human rights movements are important factors influencing the development of open government information laws.
Chapter 3 discusses the legal foundations and theoretical basis of the right to access government information and the legal system for government information disclosure.
Chapter 4 examines the principles and significance of the legal system for government information disclosure. It argues that the principles of the legal system should include the principle of openness, the principle of balance, the principle of free access, the principle of free use, and the principle of redress. It also analyzes the importance of the legal system for government information disclosure in enhancing public participation, protecting individual rights, promoting economic growth, preventing corruption, and improving administrative efficiency.
Chapter 5 discusses the subjects of rights and obligations in government information disclosure and the objects of government information disclosure.
Chapter 6 discusses the scope of government information disclosure, specifically analyzing the scope of public information and the scope of exceptions, as well as the principles for determining exceptions.
Chapter 7 elaborates on the concept of government information disclosure procedures, arguing that these procedures should adhere to the principles of procedural neutrality, procedural fairness, and procedural rationality. It analyzes the procedures for proactively disclosing government information and the procedures for disclosing government information upon request, and explores issues such as fees and the protection of third parties.
Chapter 8 analyzes the five remedies for the right to access government information: administrative review, relief from specialized information commissions, relief from independent information commissioners, relief from information tribunals, and judicial relief. It proposes principles for designing remedies, such as fully utilizing administrative relief, leveraging the role of advisory bodies, emphasizing independent review or adjudication bodies, and gradually increasing the judicialization of relief mechanisms.
Chapter 9 analyzes the current status, problems, and solutions of government information disclosure in China. It argues that China's legal system for government information disclosure has not yet been truly established, and government information disclosure faces issues such as a focus on administrative power, uncertainty in the scope of disclosure, unclear procedures, and a lack of oversight and remedy mechanisms. Formulating laws on government information disclosure and data protection, as well as amending the law on confidentiality, are necessary measures to establish and improve China's legal system for government information disclosure.