Open Government (A Study on the Legal System of Government Information Disclosure)

Author: Zhang Mingjie
Publisher:
Publish 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 around 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 carries substantial practical implications. This book employs a horizontal comparative approach between countries and a vertical historical analysis to examine the development process of the legal system for government information disclosure, explores important theoretical issues related to it, 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 refers to 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 example, concluding that democratic traditions, world peace, the development of the rule of law, and human rights movements are key 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, proposing that its principles 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 addresses the scope of government information disclosure, specifically analyzing the scope of public information, the scope of exceptions, and the principles for determining exceptions.
Chapter 7 elaborates on the concept of government information disclosure procedures, arguing that such 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, as well as issues such as fees and the protection of third parties.
Chapter 8 analyzes the five remedies for the right to access government information: administrative reconsideration, relief from a specialized information commission, relief from an independent information ombudsman, relief from an information tribunal, and judicial relief. It proposes principles for designing remedies, including 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, concluding that China's legal system for government information disclosure has not yet been truly established. Government information disclosure in China suffers from issues such as a focus on administrative power, uncertainty in the scope of disclosure, unclear procedures, and a lack of oversight and remedy mechanisms. Developing laws on government information disclosure and data protection, as well as revising the law on confidentiality, are necessary measures to establish and improve China's legal system for government information disclosure.