Generally speaking, government information disclosure mainly includes two aspects, one is government affairs disclosure, and the other is information disclosure. The openness of government affairs mainly refers to the openness of administrative affairs of administrative organs, emphasizing that administrative organs should disclose their law enforcement basis, law enforcement procedures and law enforcement results, which belongs to the openness of administrative system; Information disclosure means that the government should disclose other information closely related to the interests of the administrative counterpart, which may be related to administrative affairs or just the information of other administrative counterparts kept by government departments.
Before the implementation of the Regulations on the Openness of Government Information in 2008 (hereinafter referred to as the Regulations), it was as difficult for citizens to obtain information within the administrative organs. And because the government does not have to disclose its actions, it is not so strict with itself. Irregular and illegal administration can be seen everywhere. The promulgation and implementation of the "Regulations" is a milestone in the history of the rule of law in China, which is of epoch-making significance for safeguarding citizens' right to know and supervise administrative power.
The regulations have improved the information asymmetry between the government and the administrative counterpart to a certain extent. In the field of land acquisition and demolition where the confrontation between the government and citizens is relatively fierce, government information disclosure is an important weapon in the hands of the demolished. Demolition lawyers have a deep understanding that in land acquisition and demolition cases, government information disclosure is very complicated, accounting for almost one-third of the business volume. In many cases, the disclosure of government information belongs to the preliminary work, and the demolition lawyer will arrange the follow-up work according to the results of the information disclosure application.
Demolition lawyers are so fond of government information disclosure because it is very useful to grasp the weakness of the government. Generally, we will apply for information disclosure according to this logic. First, collect information that can prove that the demolition project is illegal. Expropriation and demolition always start with the start of construction projects (except for the demolition due to international conferences such as G20). Then, we can apply for information disclosure from the legality of construction projects. For example, you can apply for planning permits, site selection opinions and other documents. If a construction project lacks the necessary approval documents, then it is illegal. If it can be proved that the construction project is illegal, the demolition party will be in a very passive position in the negotiations; If the government has fulfilled the legal and complete examination and approval procedures, it is necessary to carry out the second step plan, that is, to prove that the government's compensation for expropriation and demolition is not up to standard. For specific expropriation and demolition projects, the government will issue a compensation announcement or notice. After obtaining this compensation basis through the application for information disclosure, compare the national laws and local regulations to see if there are irregularities. If there is, it is the breakthrough point for demolition lawyers to attack.
The above discussion seems relaxed and pleasant, but it is far from the truth. According to the law, the government must reply within 15 working days after receiving the application for information disclosure, but the content of the government reply does not always meet the wishes of the demolition lawyers, so that they can handle it easily. For applications that meet the legal requirements, in addition to responding to relevant government information in accordance with legal procedures, generally speaking, the government will respond to the administrative counterpart's application for information disclosure as follows according to the actual situation: the information does not exist. That is, the government does not have the information the applicant needs; This application belongs to consultation and will not be answered. Not all applications for information disclosure meet the legal requirements. Some applications are essentially consultations, and the government can reply or ignore them, because the government information disclosure department has no responsibility to answer the consultations. Applying for information disclosure does not belong to the scope of the department's public responsibilities. It is recommended to apply to a government department again, and the mailing address and contact information of the department will generally be attached. Because relative to the internal administrative system, sometimes the administrative counterpart does not fully understand the specific division of government administrative power, the government should not ignore the application of this part, but should help citizens point out a direction; Finally, there are cases where the government refuses to disclose relevant government information. In other words, government information exists, and citizens' applications are in full compliance with the formal provisions of the law, but the result is that citizens cannot obtain the government information they apply for. Even so, it may be in line with the law.
Article 7, paragraph 2, of the Regulations stipulates: "If an administrative organ releases government information that requires approval in accordance with relevant state regulations, it may not release it without approval." Paragraph 3 of Article 14 stipulates: "Administrative organs shall not disclose government information involving state secrets, business secrets and personal privacy." In other words, if the above happens, the government can not disclose government information. Then the problem is coming. The above-mentioned cases are well proved. It's just that these two clauses sometimes need the government to judge and choose. On the other hand, it is easy to be abused by the government. The government can use this clause to characterize the information it is "unwilling" to disclose as "unable". How should citizens respond at this time?
First of all, it should be clear that the government can apply for administrative reconsideration if it is not satisfied with its reply to the application for information disclosure; If you are dissatisfied with the reconsideration result, you can bring an administrative lawsuit. Whether government information involves state secrets, commercial secrets or personal privacy, and whether it needs the approval of the relevant state organs, the court will conduct substantive examination to determine whether the government's reasons are established. In addition, the law also limits the power of the government not to inform for the above reasons. Similarly, in the third paragraph of Article 14, "However, government information involving business secrets and personal privacy may be made public with the consent of the obligee or not by the administrative organ." This is also a factor that the court needs to consider when examining the legality of the government's failure to inform.