Recently, lawyer Wu Fei makes public the requirement of information of fund of postal and general service to national post office and application of Ministry of finance, sufferred refuse.
The case in national post office answer in, the information that Wu Fei asks to make public is belonged to " the open limits that does not belong to my bureau lawfully " , the expropriation because of fund of postal and general service, use and supervise those who run specific measure to assign the job, basically be in chfree norton internet antivirusarge of by department of finance of the State Council, homeland home post office bureau does not grant to reply to application.
Wu Fei is accepted hard to such explanation, "The expropriation of fund of postal and general service, use and control administrative harrison hot spring weather forecastinformation, contain the information that national him post office makes already, also contain the information that its get, behoove is made public by the post office. Behoove is made public by the post office..
Information is made public is a principle, underground is exceptional
2012 the end of the year, national post office takes the lead drafted " fund of postal and general service collects use management temporary measure " , set express business to answer pay is postal and general service fund, with allowance the development of postal and general service.
This is explained to call by public opinion " member money " service fund, look in Wu Fei, its " the problem exists on fair sex, normative sex, oneness, rationality, be suspected of forestall likely " .
This also is Wu Fei applies for to make public this fund the original intention of detailed information.
Beijing Xiao Yuan of Liu of solicitor of office of attorney of sharp edge acute thinks, fund of postal and general service " do not involve country and commercial secret, also do not talk about last person privacy, the the best selling modern dining chairspublic has right of know the inside story to this, governmental information should face whole society to give open. And, scholar of company of citizen, express, expert just needs those who understand fund to run each, management, rate. Scholar of cospring poolmpany of citizen, express, expert just needs those who understand fund to run each, management, rate..
The basis carried out on May 1, 2008 " governmental information makes public byelaw " , the executive authority is right the governmental information that accords with one of following and main demands ought to make public actively: Involve citizen, legal person other perhaps organization is personal of the interest; Need society community is extensive and witting perhaps participate in; Mirror this executive authority orgnaization setting, function, handle affairs of the circumstance such as the program; Law of other according to, code and country ought to make public actively about the regulation.
"spring pool" information makes public byelaw " the requirement is a principle with making public, it is exception with underground, involve the ability when national secret and national security to cannot be made public only. " when Wuhan university constitution and Qin Qiangong of administrative law professor are accepting Chinese youth to sign up for a reporter to interview, express, fund of postal and general service does not attribute exceptional situation apparently.
And national post office thinks, the main body that publishs this information should be door of Ministry of finance.
Qin Qiangong expresses, the reason of national post office has proper logical place, but the application that cannot reject Wu Fei completely to put forward, "National post office should the requirement according to the applicant, the part that acts its in whole process, the content such as the situation that understands, give open. Give open..
"Combine the file that make to a few branches, " governmental information makes public byelaw " did not make clear a regulation. " Liu Xiao Yuan says, but measure of this fund management takes the lead by national post office make, its arise and be in charge of reason post office to be in charge of, accordingly cannot with oneself not be this method make principal part, as the reason that does not grant to make public.
Many government sectors are installed publicly for information " high threshold "
On June 5, the the Chinese Academy of Social Sciences is released " almanac of Chinese electron government affairs (2012) " . According to the statistic of almanac, local government makes public information gross actively nearly 3 years to exceed 92 million, increase rate was achieved 2012 16.7% . In the meantime, nearly 3 years information of local government government applies for an amount publicly to exceed 660 thousand, increase rate was achieved 2012 16.1% , the application of about 80% can with " agree to make public or make public partly " means gets satisfaction.
To this, qin Qiangong's evaluation is, governmental information makes public the current situation " have progress, but did not reach satisfactory level. But did not reach satisfactory level..
"Government sector, orgnaization and personnel, in information open recognizant field is strengthened somewhat, make public in the budget, 3 public funds are public wait for a respect, can svancouver to harrison hot springsay to step one pace. But still cannot make a person satisfactory, the public or the comprehensive sex that feel governmental information is made public, systematization insufficient, the manner of some branches also shows attack by surprise of cloak of vacillate, shifty-eyed, block to wait. " he says.
The Liu dawn former feeling that has had information of government of many second application to publish experience is quite deep, think " obstruction really very big " .
"The government sector application to the public, or gives an irrelevant answer, or undertakes prevaricate with involving the account such as national secret, although can mention lawsuit of politics of start on a journey, but a lot of courts are not willing to have put on record to this. " Liu Xiao Yuan expresses, many government sectors were installed publicly for information " high threshold " .
"You apply for government sector open letter to cease, the other side asks you offer a proof, what the proof needs public information and applicant to have interests, however, this proof is awaited when much is taken very hard, this is equal to covert the ground restricted you to ask the government makes public the right of information. " Liu Xiao Yuan thinks, " governmental information makes public byelaw " did not set such limitative requirement, these are factitious " doorsill " have illegal law mind.
"At present of media phonate too machine-made, and people's congress also produces due effect hard, accordingly, undertaking information controls segment, appear too crowded, this kind of current situation that appeared to ask information is made public thick and fast. " Qin Qiangong expresses, because at present report accuses the way that seek is finite, accothe most popular north face shirtsrdingly, be squeezed in the channel that applies for to make public this stricture.
"Stimulative government information still needs publicly to cooperate with all possible means. " he says.
Public system is deficient in governmental information to ask effectively duty and find out a mechanism
"Government cannot wait for a citizen to apply for to just undertake information is made public all the time, should accomplish make public actively. " Liu Xiao Yuan thinks, the governmental information of current China makes public a system to be improved urgently, and stimulative government information is public, need above all will " governmental information makes public byelaw " the height that rises to law.
Such appeal is in the academia is not rarely seen.
University of Chinese politics and law teachs Wang Mohua to ever expressed, "Government of mostly easy lay particular stress on administers a law on governmental legislation content, legiswatch caseslation of National People's Congress can realize the fixed position of attainder law, governmental obligation law on content, big legislation of byelaw ascendant humanness, the angle form that guarantees more easily from authority of know the inside story builds governmental information to publish a system.
Feasibility condition is, the about governmental information extension in public rules is ambiguous, and ambiguous iwatch case openertem limits gave a few mechanism and department " an opportunity given by " , can find all sorts of reason to reject to publish pertinent information.
Constitution of courtyard of law of central nation university and Xiong Wenzhao of administrative law professor express when accepting media to interview, " governmental information makes public byelaw " what should pay attention to article to go up more is perfect, with enumerated the item range that way sets underground clearly; Allow a citizen to be able to get the governmental information that did not concern directly with oneself; Additional provision allows a citizen to whether belong to national secret with respect to some government information to forthe best spring poolensic to lodge a complaint, whether to belong to national secret by the governmental information of forensic judge controversy. Whether to belong to national secret by the governmental information of forensic judge controversy..
Qin Qiangong thinks, governmental information is fulfilled publicly hard, go up with the program " not delicate " have very big cfree modern dining chairsoncern.
"For instance, file open principal part, want to have a filtering mechanism. Otherwise, the government may encounter the problem that have too many visitors or business to deal with. 9 people apply for to still can be dealt with publicly, but if be a few hundreds of, the government may be dealt with without method. " Qin Qiangong expresses, public system still is deficient in governmental information to ask effectively duty and find out a mechanism to provide safeguard, "" governmental information makes public byelaw " the provision in this respect is not quite clear, should undertake improvement. Should undertake improvement..
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