Two Faces of Transparency: The Regulations of People’s Republic of China on Open Government Information

The People’s Republic of China enacted the first nationwide open government information regulations (OGIRs) in 2007. The regulations safeguard Chinese citizens’ right to know and provide public oversight. This analysis aims to explain how and why the Chinese government incorporates the universal values of transparency and accountability into the complex Chinese political systems. The article first provides a theoretical framework of government transparency and a quick road map of OGIRs for international audiences by tracing its regulatory details. It then analyzes OGIRs’ external mechanisms of transparency on how information flows to the citizenry through public supervision and judicial review. Fourthly, the article explains OGIRs’ internal mechanisms of transparency and accountability through the hierarchical control of the party-state agencies and officials. The article emphasizes that transparency and accountability are as important to today’s Chinese government and civil society as they are in democratic regimes generally. OGIR shares the values of external transparency and legislative missions of the U.S. Freedom of Information Act (FOIA). However, the Chinese government tailors information disclosure to meet the institutional requirement of strengthening internal accountability mechanisms, maintaining the party-state’s authority and legitimacy, and representing the collective welfare and public interest.