比较视野下的中国信息公开立法

公众对信息自由和知情的诉求，行政机关的职能保密和习惯保密，这二者构成了我国现阶段失序性社会纠纷中舆论冲突的主要矛盾。这类舆论矛盾的解决溢出了《政府信息公开条例》的程序性和技术化范畴。信息自由权是基本人权，信息公开是政府的义务。作为一种国际趋势，最大限度公开是信息公开的基本原则，由于公开与保密界限确定的复杂性，立法者应当尽可能将公开的范围明确化，避免严肃的法律变成可以让政府机关“在各自职责范围内确定”并选择“重点公开”内容的指导性意见。我国应当从信息公开的原则、信息主体范围、信息公开手段、知情权救济机制等方面完善信息公开制度，制定统一的信息公开法。

Chinese Legislation on Information Disclosure in Comparative Perspective

In present China, the appealing for the freedom and publication of information by the general public and keeping functional and habitual confidentiality by administrative organs constitutes the major contradiction in public opinion conflicts in social disputes. The resolution of these conflicts has exceeded the procedural and technical requirements of Regulations on Disclosure of Government Information. On the one hand, the right to freedom of information is one of the basic human rights, and information disclosure is an obligation of administrative organs, which has become an international trend. On the other hand, our Constitution has recognized the right to know, which can be the adequate basis to the legislation on information disclosure. Therefore, it is urgent to make a law on information disclosure to impose restrictions on government''s dominate and broad confidentiality, regulate ways by which the general public get information, and maintain peaceful social order.The maximum publication should be set as the basic principle of information disclosure by Chinese legislation, and the public institutions should be defined as the subjects to publicize the information through legal procedures. Given the complexity of the issues involved in defining the boundaries between publicity and confidentiality, the legislators should clarify the scope and method of publication as far as possible to prevent the serious law becoming a kind of guidance by which different levels of administrative organs can choose the emphasis of publicity within the range of their respective duties and responsibilities. In comparative perspective, researches on the methods, scope, subjects and right-relief mechanism of information disclosure represent the future trend of Chinese legislation on information disclosure.