Information Disclosure:Nomothetic Analysis on Disclosure of “Formulated” Information

【Author】

Keli Wang;

【Abstract】

"Formulated" information refers to government information that obligee requests administrative body to formulate and collect or that is formulated by a summary,analysis and processing on some government information.When the focus point is concentrated on the research on exception clauses with respect to disclosure of government information,such as "three-securities and one-stability","state secret","business secret","individual privacy","process information" and "internal information",as well as the judicial review on information disclosure,there is one phenomenon ignored.Namely,one kind of formulated information,i.e.the government information ought to be formulated by administrative body by law,was not disclosed under the "legislated" judicial interpretation since such information was excluded from the scope of accepting cases as stated in the Stipulation of the Supreme People's Court for Several Problems on Hearing the Administrative Case of Government Information Disclosure(2011)(hereinafter referred to as the Stipulation).This phenomenon infringes the public's right to know and supervise so that applicant becomes unavailable to access to such information.This goes against the ultimate legislative intent of the Regulation on Disclosure of Government Information(hereinafter referred to as the Regulation).As a result,"formulated" information becomes a part concealed from the disclosure of government information.

【Keywords】

information disclosure;;formulated information;;judicial interpretation;;administrative behavior;;legality

References

To explore the background and basis of the node document

Springer Journals Database

Total: 23 articles

  • [1] Cao Kangtai, Textbook of the Regulation of Government Information Disclosure of PRC,
  • [2] Li Guangyu, Textbook of the Judicial Interpretation for Government Information Disclosure,
  • [3] H.W.R Wade, Administrative Law,
  • [4] Xia Yong, The Origin of Human Right Idea,

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