Information Disclosure: Nomothetic Analysis on Disclosure ofFormulatedInformation
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.
information disclosure formulated information judicial interpretation administrative behavior legality
Keli Wang
Nanjing Normal University Nanjing, Jiangsu, China
国际会议
2015 International Conference on Economics,Management,Law and Education(EMLE2015)2015经济管理、法律与教育国际会议
河南开封
英文
355-360
2015-11-27(万方平台首次上网日期,不代表论文的发表时间)