Information Disclosure: Nomothetic Analysis on Disclosure of “Formulated” Information

DOI

10.2991/emle-15.2015.81How to use a DOI?

Keywords

information disclosure; formulated information; judicial interpretation; administrative behavior; legality

Abstract

Formulated” information refers to government information that obligee requests administrative body to formulate and collect or that is formulated by a summary, analysis and processing on some government information. When the focus point is concentrated on the research on exception clauses with respect to disclosure of government information, such as “three-securities and one-stability”, “state secret”, “business secret”, “individual privacy”, “process information” and “internal information”, as well as the judicial review on information disclosure, there is one phenomenon ignored. Namely, one kind of formulated information, i.e. the government information ought to be formulated by administrative body by law, was not disclosed under the “legislated” judicial interpretation since such information was excluded from the scope of accepting cases as stated in the Stipulation of the Supreme People’s Court for Several Problems on Hearing the Administrative Case of Government Information Disclosure (2011) (hereinafter referred to as the Stipulation). This phenomenon infringes the public’s right to know and supervise so that applicant becomes unavailable to access to such information. This goes against the ultimate legislative intent of the Regulation on Disclosure of Government Information (hereinafter referred to as the Regulation). As a result, “formulated” information becomes a part concealed from the disclosure of government information.

Copyright

© 2016, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Keli Wang
PY  - 2015/11
DA  - 2015/11
TI  - Information Disclosure: Nomothetic Analysis on Disclosure of “Formulated” Information
BT  - Proceedings of the 2015 International Conference on Economics, Management, Law and Education
PB  - Atlantis Press
SP  - 355
EP  - 360
SN  - 2352-5398
UR  - https://doi.org/10.2991/emle-15.2015.81
DO  - 10.2991/emle-15.2015.81
ID  - Wang2015/11
ER  -