公开与保密:政府信息公开立法的焦点

在进行政府信息公开立法探究时,正确处理公开与秘密间的关系成了必须着力解决的重点和难点问题。国外几乎所有有关信息公开立法对此都有较明显合理的界定。我国在处理两者关系时应当坚持以公开为原则、保密为例外,同时信守权衡利弊、适时、适度、合理等原则。在信息豁免公开范围上,应主要围绕国家秘密、工作秘密、商业秘密、个人隐私四大方面,并予以细化明确。除此之外,所有信息均应公开,以保证公众知情权的实现和监督行政目标的落实。

Open or Secret: the Focus of Legislation about Government Information Publicity

In the legislation about government information publicity, how to deal with the relationship between publicity and secrecy becomes a delicate and difficult issue. In Western countries, all the issues in this aspect are properly settled. In China, government information publicity should serve as a fundamental principle with secrecy only as exceptions. At the same time some principles, such as moderation, timeliness, reasonability and the balancing of advantages and disadvantages, should be abided by. In the secrecy of the government information, careful differentiation should be made about national secrets, work secrets, business secrets and personal secrets. Apart from these, all the other government information should be open to the public so as to guarantee the public rights to know the inside story of the government and supervise the implementation of its administrative targets.