Government Information Release Systems In China
Due to globalization and an increase in peoples’ demands, many countries have established government information release systems (hereinafter GIRS), which require that governments open their files and information to the public actively or passively. Government information release systems are important systems to protect peoples’ rights, to promote business, to prevent corruption and to achieve democratization.
As the most stable and advanced system in the world, the information release system in the United States has far-reaching reference significance. China implemented the Government Disclosure Regulations of People 's Republic of China …show more content…
Differences concerning Specific Legal Mechanisms of GIRS
The government information release systems in the United States and China are different in many aspects, such as legislative model, implementation of organs, methods to release information disclosure, and remedies. In this paper, we will discuss two significant differences between the two legal systems. From this discussion, we will see their different understandings of the concept of information disclosure.
Information disclosure scope The United States has pursued a legislative model that takes the principle of disclosure and non-disclosure as an exception. According to FIOA, specifically defined categories of information may be withheld, but information will be released whenever possible. China, on the other hand, stipulates public matters by enumeration and divides it into three levels in GIDRC. Firstly, GIDRC requires governments to release government information to the public; then it enumerates information that must be disclosed; and finally, instead of listing the matters of non-disclosure, it just lists some …show more content…
China’s review mechanism is designed to keep state secrets. From another point of view. China’s review mechanism gives officers the opportunity to facilitate control of information out of self-interest. Doing this increases obstacles in the process of information disclosure.
D. American ideas that China might adopt
The legislation of information release in the United States has existed for nearly 50 years, and has formed a perfect legal system constituted by a number of bills, specific laws and regulations. China has an urgent need to establish a unified and comprehensive information disclosure legal system. In particular, it has a need to amend the "Conservative State Secrets Law" to clean up the existing provisions of confidentiality and inconsistencies with the government information release system, to reduce and avoid conflicts of law enforcement.
In the enactment of FOIA, the United States emphasizes two purposes of the Act: to strengthen democracy through open government activities and to prevent administrative corruption by restricting the administration. China should recognize the real meaning of citizens’ “right to know” and the democratic value of information disclosure (as well as its effectiveness and anti-corruption value) and convert to a system of openness of