从一件案例看我国行政信息公开制度的缺陷

行政信息公开制度是基于宪法上的知情权以及行政机关的行政说明责任,自然人、法人或者其他组织有权获得行使公权力的组织的除外事项之外的任何信息的制度.该制度在各国实践中最容易出现的问题是申请人资格以及除外事项的确定.在我国统一的行政信息公开立法中,应借用各国的经验,既采用列举除外事项的立法例,也通过公开原则的确立、严格解释规则以及举证责任规则的确立,限制行政机关在不公开事项方面的裁量权.

Research on the System of Publication of Administrative Information

Based on the knowing right entitled by the Constitution and the administrative explaining responsibility of administrative departments, the system of administrative information publication is one in which natural persons, legal persons and other organizations have a right of obtaining any information, except for exceptive items, of organizations exercising public powers. The most frequently encountered problem of this system concerns the qualification of applicants and the identification of exceptive items. Combining the development process of this system in different countries with China's situation of legislation and practice, this paper holds that, the constitutional base of the publication system of administrative information is popular sovereignty; the applicant can be anyone without regard to insiders or outsiders; and it is unnecessary to display specifically the purpose when an application is filed. By referring to other countries' experience, the unified legislation of publication of administrative information not only adopts legislative method of listing exceptive items but also restricts administrative departments' power of free adjudication on items not to be publicized by establishing some principles, including publication principle, the principle of strict explanation and the principle of evidential burden.