The reason why the draft clearly stipulates that the public has the right to obtain government information, not just to make it public.
As an administrative system of government agencies, it is mainly embodied in various forms of public practice.
problem If information disclosure is just a system of handling affairs, it means that government information can be disclosed or
The reason why information disclosure is regarded as a right is because it is not open, arbitrary and lacks guarantee and restriction in implementation.
Management not only conforms to the practice of most countries and regions, but also makes the whole system design more operable.
Therefore, this provision is the foundation and cornerstone of the whole Ordinance.
In some countries and regions, information disclosure has not been regarded as a public right for a long time.
As a result, the implementation effect of the system is very unsatisfactory, and it has also attracted many criticisms, such as the European Union and New Zealand.
Lance, etc.
(2) the principle of openness
In our long-term administrative practice, the information owned or controlled by government agencies seems to have
After forming a mindset or habit, it seems that confidentiality is the principle, and publicity is the exception or a kind.
Gift. Because of this, it has seriously restricted the pace of making government affairs public. Because of the practice of government information disclosure
One of the biggest problems is to reasonably determine the scope of publicity and non-publicity, so as to avoid the influence of traditional thinking mode.
Ring, to avoid the staff of state organs to expand the scope of non-disclosure, overhead government information disclosure system.
Degree, it is necessary to establish openness as the principle. The main function of establishing such a principle in the general part.
It is to let the public and the staff of state organs establish a new understanding of the government information disclosure system and change their thinking.
Methods and working methods. At the same time, this principle can be used as a guide to solve doubts in the implementation of the Regulations in the future.
Difficult cases and problems, and reflect the basic spirit of the government information disclosure system when formulating other laws.
(C) the principle of balance of interests
According to the constitution of our country, any citizen enjoys the rights stipulated by the constitution and laws, and at the same time must fulfill the constitution and
Obligations stipulated by law. When citizens exercise their freedoms and rights, they shall not harm the state, society or society.
The interests of the body and the legitimate freedoms and rights of other citizens. In the process of exercising the right to know, the public will always
There are certain conflicts with other rights and interests. In order to ensure more effective operation, the principle of balance of interests is stipulated.
Make the right to know. Of course, the principle of balance of interests should not be interpreted or applied to arbitrarily restricting or depriving the parties of information.
Yes, the so-called other social public interests should have a specific meaning, that is, the interests guaranteed by exceptions.
(4) the principle of no charge
With the advent of information society and the prominent value of information economy, government departments seek monopoly information.
Renting houses has become very common. In practice, some government agencies directly use the information in their hands to eat and get cards.
Some seek illegitimate interests through various indirect means. If government agencies are allowed to borrow information for profit, or
Those who increase the cost of information acquisition in disguise will affect the implementation of the information disclosure system and increase the way for the public to obtain information.
Therefore, it is necessary to establish the principle of free cost, that is, government agencies should not seek benefits by information.
Get benefits, not based on the value of the information itself. However, in order to reduce the burden on government agencies, it also
In order to put an end to all kinds of unreasonable application behavior, the applicant must also undertake the task of retrieving, copying and sending information.
This fee.
(5) the principle of free use
The principle of marketization or free use of government information disclosure system refers to the applicant's access to government information.
After that, the information can be reprocessed or other forms of commercial development can be carried out in a market-oriented way. For this reopening
Government agencies shall not prohibit or restrict the publication in any form, nor shall they advocate the editing of government information.
Protection of rights or similar protection.
Practice in various countries has proved that the development of informatization and information industry must rely on the power of market mechanism.
It is impossible to promote the free flow of information most effectively only by relying on government mechanisms. Through the market mechanism, not only can
Ensure the diversity of information sources and the effective integration of various information, and enhance information through competition.
The level and quality of service meet the information needs of different levels. Therefore, we believe that marketization should be changed.
As a basic principle, it is stipulated in the general part of the Regulations that applicants are allowed to disclose government information by commercial means.
Send or use.