Information Disclosure: Nomothetic Analysis on Disclosure of “Formulated” Information
- 10.2991/emle-15.2015.81How to use a DOI?
- information disclosure; formulated information; judicial interpretation; administrative behavior; legality
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.
- © 2016, the Authors. Published by Atlantis Press.
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Cite this article
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 -