On April 15, the State Council announced the revised Regulations on the Openness of Government Information, which will take effect on May 15, 2019.
According to the person in charge of the Ministry of Justice, the revision of the regulations adheres to the principle of “opening to the normal state and not making it an exception”. Any initiative that can be open to the public is open to the public.
Active public information increased to 15
Article 20 of the Regulations stipulates that the administrative organ shall voluntarily disclose the following government information of the administrative organ:
(1) Administrative regulations, rules and regulatory documents;
(2) The function of the organ, the institution setting, the office address, the office hours, the contact information, and the name of the person in charge;
(3) National economic and social development planning, special planning, regional planning and related policies;
(4) Statistical information on national economic and social development;
(5) The basis, conditions, procedures and handling results of handling administrative licenses and other external management services;
(6) The basis, conditions and procedures for the implementation of administrative penalties and administrative compulsory, and the administrative punishment decisions that the administrative organ considers to have certain social influences;
(7) Financial budget and final accounts information;
(8) Administrative and institutional fees and their basis and standards;
(9) The catalogue, standards and implementation of the government's centralized procurement projects;
(10) Approval and implementation of major construction projects;
(11) Policies, measures and implementation of poverty alleviation, education, medical care, social security, and employment promotion;
(12) Emergency plans, warning information and response to public emergencies;
(13) Supervision and inspection of environmental protection, public health, safe production, food and drug, and product quality;
(14) The positions, quotas, and conditions for admission of civil servants and the results of employment;
(15) Other government information that shall be proactively disclosed by laws, regulations, rules and relevant state regulations.
Some of these situations are "sickness" in the work of government information disclosure. For example, the compulsory education stage admission work documents in the education information, the compulsory education enrollment policy consultation telephone, the compulsory education stage dicing information, and the number of enrolled students are all people's livelihood information that the public is generally concerned about.
At the same time, the "Regulations" stipulate that the municipal and county-level people's governments and their departments in the districts, the township (town) people's government should also openly disclose the municipal construction, public services, and social assistance closely related to the grassroots in accordance with the local conditions. Other aspects of government information. The "Regulations" also propose that the administrative organs should continuously increase the content of active disclosure in accordance with the deployment of the higher-level administrative organs.
No longer "three needs" according to the application
In addition to active disclosure, government information disclosure also stipulates a system of disclosure according to the application, but in reality, some government departments impose restrictions on some applications and are reluctant to disclose relevant information.
Article 13 of the current Regulations stipulates that citizens, legal persons or other organizations may, in addition to the government information that the administrative organs proactively disclose, may also submit to the State Council departments, local people's governments at all levels and above the county level according to their special needs such as production, life and scientific research. The local people's government department applies for relevant government information.
The revised "Regulations" deletes the application for obtaining relevant government information and requires "according to the special needs of production, life, scientific research, etc.".
According to the person in charge of the Ministry of Justice, this aspect can further protect the right of citizens, legal persons or other organizations to obtain government information according to law. In addition, in the implementation of the regulations, how to grasp the "special needs of production, life, scientific research, etc.", there are different understandings of relevant parties, and it is easy to cause controversy. In the process of soliciting opinions, experts, scholars and the public believe that the abolition of this provision can reflect the overall direction of building a sunny and transparent government, and facilitate the public to apply for relevant government information in accordance with the law.
The person in charge of the Ministry of Justice said that it is necessary to note that the deletion of the conditions of "special needs such as production, life, scientific research, etc." does not mean that the right to apply for government information disclosure can be exercised without rules or improperly. For the same applicant repeatedly and extensively filed a government information disclosure application, the revised regulations also stipulate measures such as not repeating the process, requesting reasons, delaying the reply, and collecting information processing fees. Where an applicant conducts letters and visits, complaints, reports, etc. in the form of an application for government information disclosure, the administrative organ shall inform the applicant to resolve it through appropriate channels.
Materialized information types that are not disclosed
What information is not disclosed is also a public concern.
The government regulations that are not disclosed in the Regulations include: government information that is determined to be state secrets according to law, government information that is prohibited by laws and administrative regulations, and government information that may endanger national security, public security, economic security, and social stability after disclosure. , publicly disclose government information that would damage the legitimate rights and interests of third parties.
At the same time, taking into account that the internal affairs information of the administrative organ does not have externalities, it does not directly affect the rights and obligations of the public. The process information is in the process of discussion, research or review, and there is no certainty. The information of the administrative law enforcement file is related to the parties and the interests. Other subjects other than people have no direct interest, and usually involve the trade secrets and personal privacy of the relevant subject. The regulations stipulate that the internal affairs information, process information and administrative law enforcement information of the administrative organs may not be disclosed, but laws, regulations, The regulations stipulate that the above information should be disclosed, from its provisions.
The situation of not being disclosed is more specific and more operative than before the revision.
Zhou Hanhua, deputy director of the Institute of Law of the Chinese Academy of Social Sciences, believes that the "Regulations" originally adopted a specific enumeration of the terms of the stipulations. The three exceptions listed are state secrets, trade secrets, and personal privacy. “National security, public safety, economic security and social stability”. The main problem with this type of regulation is that there are too few specific enumerations.
(Article source: 21st Century Business Herald)