In practice, applicants often use general terms such as "not limited to" and "including" when applying. Whether these applications are clear or not depends on whether these terms can point to specific government information. If they can point to specific government information, they will openly apply for government information with clear content, and vice versa.
Treatment method:
Standardize the processing flow of information disclosure applications with unclear application contents;
1 item (4) of article 21 of the regulations on the disclosure of government information stipulates that if the contents of the application for the disclosure of government information are not clear, the administrative organ shall inform the applicant to make changes and supplements.
2. Item (8) of Article 23 of the Regulations on the Openness of Government Information also requires that citizens, legal persons or other organizations shall be informed to make corrections within a reasonable period of time if the application content is unclear and does not conform to the relevant provisions; If the applicant fails to make corrections within the time limit, it shall be deemed as giving up the application.
3. From the above provisions of the Regulations on the Openness of Government Information, when an administrative organ receives an application for the disclosure of government information with unclear contents, it shall inform the applicant to modify or supplement the application at one time and provide corresponding assistance.
4. If the received application does not fall within the scope of the public authority of this organ and the content is unclear, it is suggested that the administrative organ should give a flexible reply according to the actual situation, insist on one-time notification, and be efficient and convenient.
5. If the application provided by the applicant is still unclear after modification and supplement, the administrative organ will reject the application on the grounds that the application does not conform to the legal channels. If the applicant fails to submit the application for change or supplementary application within the time limit, the administrative organ shall regard the applicant as giving up the application for government information disclosure and may not reply.
Extended data
In order to better ensure that applicants can obtain government information according to law, improve the quality and efficiency of government information disclosure, and implement the concept of "running at most once", the following suggestions are put forward in view of the unclear description of the application information submitted by applicants and some experiences in reconsideration work:
(1) actively communicate with the applicant, understand the purpose and purpose of the applicant's application information, and do a good job in explaining the application matters;
(2) For cases that need to be corrected by the applicant, the retrieval work should be done well before the correction, to ensure that the relevant documents cannot be retrieved according to the existing description of the applicant, and to avoid the situation that the documents described by the applicant already exist but still require the applicant to make corrections;
(3) According to the purpose and purpose of the applicant's application, if the applicant needs necessary guidance when making corrections, it is necessary to do a good job in the retrieval of the corrected items, so as to prevent the applicant from making corrections according to the guidance, resulting in that the government information still does not exist and unnecessarily delaying the applicant's time;
(4) If the content of the applicant's application cannot be accurately described, but it is not clear enough, it should be relatively broad according to the purpose of the applicant's application, which is more conducive to the understanding of the parties, and make full use of electronic office conditions to extend the content search;
(5) When issuing the notice of correction, the applicant can be informed of the process that has been searched in advance and the result that the content does not exist at the time of correction, so that the applicant can make a more accurate judgment at the time of correction.
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