What is the scope of information disclosure in Suzhou?

What is the scope of information disclosure in Huaiyin District? We need to refer to the Regulations of People's Republic of China (PRC) Municipality on the Openness of Government Information, which stipulates the scope of government information that shall not be disclosed: the disclosure of government information by administrative organs shall not endanger national security, public security, economic security and social stability. Administrative organs shall not disclose government information involving state secrets, commercial secrets or personal privacy. Government information Government information refers to information produced or obtained by administrative organs in the course of performing their duties, recorded and preserved in a certain form. When it comes to the principle of government information disclosure, a well-known saying is that "disclosure is the principle, and non-disclosure is the exception". There are two points to be clarified: first, the so-called "publicity is the principle, and non-publicity is the exception" is a popular saying, not French. Article 5 of the Regulations stipulates: "Administrative organs shall follow the principles of justice, fairness and convenience when disclosing government information." Second, this popular statement is generally in line with the original intention of the law, but it needs to be specifically identified and defined. Government information can be divided into two categories-public information and personal information. The so-called public information refers to the information produced by administrative organs according to their functions and powers and suitable for the use of unspecified majority. The voluntary disclosure of government information listed in Articles 10,1and 12 of the Regulations belongs to public information except for individual matters. For public information, it should be "based on the principle of publicity, with the exception of non-publicity". In principle, public information should be made public voluntarily, with two exceptions: first, state secrets; The other category may endanger public interests, such as "national security, public security, economic security and social stability shall not be endangered" as stipulated in Article 8 of the Regulations. The so-called personal information refers to personal information and enterprise information produced or obtained by administrative organs according to their functions and powers. This kind of information is first of all personal and business information, which is primary, and then government information, which is secondary. Since such personal information often belongs to or may involve personal privacy or business secrets, the administrative organ should make an exception to the principle of non-disclosure. Personal information is not disclosed in principle, and there are two exceptions to disclosure: one is disclosure with the consent of the obligee. One question that needs to be clarified in the operation is: in the process of consulting the opinions of the right holder, if the right holder fails to reply within the time limit, is it regarded as agreement or disagreement? The author believes that according to the concept of protection priority, it should be "based on the principle of non-disclosure" and regarded as not agreeing to disclosure. The other is because of the need of public interest, the administrative organ thinks that non-disclosure may have a significant impact on public interest, that is, if the public interest protected by non-disclosure is greater than the personal privacy or business secrets protected by non-disclosure, it can decide to make it public on its own initiative. Regarding personal information, legal persons or other organizations other than enterprises do not belong to the category of personal information. Specifically, it can be divided into three situations: one is the business entity with business secrets similar to those of enterprises, such as individual industrial and commercial households and partnership economic entities. In the past legislation and law enforcement practice, this kind of subject was implemented with reference to enterprises, without special explanation. Second, legal persons or other organizations with public welfare nature, including state organs, institutions, private non-enterprise units and mass organizations other than administrative organs. Because of the public welfare nature of their organization, their information is also based on the principle of openness, which should belong to the scope of voluntary disclosure. The third is autonomous organizations (such as neighborhood committees and village committees) and self-regulatory organizations (such as trade associations and owners' committees), and the information they produce according to law should belong to the category of government information. Public information involving unspecified majority should be made public, while personal information should be kept confidential. Article 5 of the Regulations on the Openness of Government Information stipulates that administrative organs shall follow the principles of justice, fairness and convenience. Article 6 stipulates that administrative organs shall disclose government information in a timely and accurate manner. If an administrative organ finds false or incomplete information that affects or may affect social stability and disrupt social management order, it shall issue accurate government information within its scope of duties to clarify it. Article 7 stipulates that the administrative organ shall establish and improve the coordination mechanism of government information release. If the government information released by an administrative organ involves other administrative organs, it shall communicate and confirm with the relevant administrative organs to ensure the accuracy and consistency of the government information released by the administrative organs. Article 8 The disclosure of government information by administrative organs shall not endanger national security, public security, economic security and social stability. Citizens have the right to request correction of inaccurate government information records related to them. Citizens, legal persons or other organizations have the right to request correction if they have evidence to prove that the government information records related to them provided by administrative organs are inaccurate. At the same time, the regulations stipulate that if the administrative organ has no right to make corrections, it shall be transferred to the administrative organ that has the right to make corrections and inform the applicant. According to the regulations, if a citizen, legal person or other organization applies to an administrative organ for providing government information related to its own tax payment, social security, medical care and health care, it shall produce valid identity documents or supporting documents. Citizens can take the initiative to apply to the government for relevant government information, which covers a wide range and involves all aspects of social production and life, while a considerable part of government information only involves some people and things. Based on this, the Regulations on the Openness of Government Information stipulates that citizens, legal persons or other organizations can take the initiative to apply to the government for the government information they need. In addition to the government information voluntarily disclosed by the administrative organs as stipulated in the Regulations, citizens, legal persons or other organizations can also apply to the State Council departments, local people's governments at all levels and local people's governments at or above the county level for obtaining relevant government information according to their own special needs in production, life and scientific research. According to the regulations, an application for obtaining government information from an administrative organ shall be made in written form (including data message form); If it is really difficult to use a written form, the applicant may make an oral proposal, and the administrative organ that accepts the application will fill in the application form for government information disclosure. According to the regulations, the administrative organ should reply to the government information applied for disclosure in the following four situations: if it belongs to the scope of disclosure, it should inform the applicant of the ways and means to obtain the government information; If it belongs to the scope of non-disclosure, it shall inform the applicant and explain the reasons; If the administrative organ refuses to disclose it according to law or the government information does not exist, it shall inform the applicant; If the government information disclosure organ can be determined, it shall inform the applicant of the name and contact information of the administrative organ; If the application content is not clear, the applicant shall be informed to make changes and supplements. The regulations specifically stipulate that if the government information applied for disclosure contains contents that should not be disclosed, but can be treated differently, the administrative organ shall provide the applicant with information that can be disclosed. At the same time, the regulations clarify that if the administrative organ believes that the government information applied for disclosure involves trade secrets and personal privacy, which may harm the legitimate rights and interests of third parties after disclosure, it shall seek the opinions of third parties in writing; If the third party does not agree to the disclosure, it shall not disclose it. However, if the administrative organ believes that non-disclosure may have a significant impact on the public interest, it shall make it public, and notify the third party in writing of the contents and reasons of the government information decided to make it public. The four types of government information should be disclosed voluntarily and clearly defined. The administrative organ shall voluntarily disclose government information that meets one of the following basic requirements: involving the vital interests of citizens, legal persons or other organizations; Need to be widely known or involved by the public; Reflect the institutional setup, functions and procedures of administrative organs; Others should be made public voluntarily in accordance with laws, regulations and relevant provisions of the state. According to the laws and regulations of Suzhou on the scope of information disclosure, all public information involves the stability of the country and society, so the relevant content cannot be made public. The public information of administrative organs can affect the trend of the whole country and society to a certain extent, but to a great extent, it does more harm than good.