What governmental information touchs publicly is officials oneself interest, but the force that urges governmental information to want publicly to rely on these officials again however, the process that this kind of contradictory concern makes governmental information public directly particularly endless.
The place must prep according to in the center of announce 3 general expenses
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Hunan TV station
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Forum of the people's livelihood: Execute governmental finance budget to make public as soon as possible
The place must prep according to in the center of announce 3 general expenses
The public expects the technology that makes public this kind of processing through governmental information changes, make system structure be able to optimize, drive those who administer a structure to change then
Chinese government begins to send force to solve information to make public medium " difficulty miscellaneous disease " . At the beginning of July, general office of the State Council allots " public emphasis job arranges current governmenbrass faucet aerator t information " announcement, deploy advances administration to examine and approve, finance budget final accounts and " 3 fair " the information of domain of 9 big focal points such as housing of sex of funds, safeguard, environmental protection is public.
From the point of formally, this announcement is not initiate. In Apfree watch caseril 2012 the last ten-day of a month, the country does to ever allotted similar announcement, among them 8 big fields are same, increased administration this to examine and approve domain information to make public.
Courtyard of law of Chinese people university teachs Mo Yuchuan to think, "Appear this kind of circumstance, because of governmental information actually public work has touched complex domain, expose those who come out is difficulty problem. Expose those who come out is difficulty problem..
Beijing University public participates in research and supportive center to paid close attention to 5 years continuously in the past, evaluate governmental information to make public the job, courtyard of law of central director, Beijing University teachs king stannum zinc to say, "Actually the past should make public the field that in informing this, involves, but do not have because of all sorts of obstruction accomplish. But do not have because of all sorts of obstruction accomplish..
Mo Yuchuan Ceng Can and " governmental information makes public byelaw " draft, carry out circumstance of 5 years to this byelaw, his view is, "Said to obtain a few result on the whole, but far did not achieve expectant legislative goal, as administrative regulations, the effectiveness rank of byelaw is nharrison hot spring weather forecastot low, be next to law, but executive effect is not ideal however. But executive effect is not ideal however..
Nevertheless, mo Yuchuan still thinks, this announcement compares depressed condition to fall in reform likely, have the effect that drives to.
Discretion is hopeful
Compare with the announcement 2012, cardinal principle of two announcements formally is consistent, but have on content a lot of new idea.
Two-phase contrasts, the working arrangement 2013 increased " administration examines and approve domain information to make public " , "The key is examined and approve around investment, production manages an activity to examine and approve, aptitude qualification license, industrial and commercial register examine and approve wait for a respect, cancel publicly in time, transfer to a lower level and the administration that executive mechanism changes examine and approve project information.
This is meant, governmental information makes public this to last old job and recently reform union rises. Before this, decision of the State Council cancels and 133 administration of transfer to a lower level examine and approve a project, among them, the amount that cancel achieves 107, exceed 80% of gross. The purpose of reform is to want to lower market admittance threshold as soon as possible, give market main body untie a person from system mechanism, arouse the enthusiasm that enterprise and individual do poineering work further. norton internet antivirus
Mo Yuchuan thinks, "Information publishs as seasonable as current reform form a complete set, proper, information makes public the job to had been done, with respect to the join forces that can produce reform. With respect to the join forces that can produce reform..
Target more specific, task more the window that fractionize also is this announcement. Boost finance budget for instance final accounting of revenue and expenditure and " 3 fair " funds makes public a domain, new commitment of a government " 3 public funds " decrease only do not add, notice a requirement this, "' 3 fair ' amount of funds budget final accounts and the central department that divides a number growth, want to refine the account that shows growth. Want to refine the account that shows growth..
In addition, the announcement still raised new target: "Refine central branch 2014 budget making, purchase official business with the car and run cost to refine be expended publicly to purchase and run cost. Purchase official business with the car and run cost to refine be expended publicly to purchase ai want modern dining chairsnd run cost..
Making what the person expects is, the announcement puts forward " strive for government of class of city of implementation whole nation, county is comprehensive and open before 2015 ' 3 fair ' funds. " as a result of the place " 3 fair " funds involves interest and concern more complex, think generally, this work is more hard. But the announcement raises this requirement technically, how to advance, get attention fully.
The practice of similar fractionize target actually already specific to each key domain.
It is with environmental protection information exemple, "Enlarge open fine grained content (the urban amount that the empty temperament such as PM2.5) , ozone estimates new standard to monitor information " ; "Advance the information that decrease a platoon to make public " etc to put forward first this year. Mo Yuchuan thinks, this is meant, the domain that the government makes public actively is in the amplification of materiality.
2012 although put forward " advance information of quality of environment of key catchment surface water to make public " , but specific how to do however not speak in detail. Specific this year requirement " do water quality of data of water quality of section of catchment of good focal point, surface water to monitor the information such as data automatically to make public the job, the open strength that increases the information such as state of water quality of ground of fountainhead of drinking water of collect Chinese style " .
Refine specific still to " information of assessment of impact of construction project environment is public. Director branch should make clear relevant requirement, branch of environmental protection of directive whole nation executes annulus to judge accept, examine and approve and check and accept whole process to make public " .
"A lot of jobs put forward in the past, but do not have specific timetable and route chart to how be being fulfilled, advance very hard actually. The fractionize is specific target under photograph comparing and task, this is a window that key job arranges this year. " king stannum zinc says.
Refine in what publish domain, open index besides, specific and responsible the also is considered as deal with concrete matters relating to work clearly expression that fulfils an unit.
This kind of practice already gave in the announcement 2012 clear, slight change is, changed 2013 in " finance budget final accounts and ' 3 fair ' funds is public " the domain increased audit arrange to regard as fulfil an unit. King stannum zinc thinks, "To fulfilling the adjustment of the unit, explain liability issue begins to be taken seriously, this involves the requirement that carry out and ensures a respect actually, can regard suit the remedy to the case as. Can regard suit the remedy to the case as..
How to do publicly on time?
Responsibility finds out all along to be considered as the weak sports in all sorts of Chinese legislation, reform.
March 2011 the State Council the 4th times cheap politics conference asks in the center of each branch be sure to at in those days in June cadre door " 3 fair " funds defray circumstance is made public to the society. The ministry of only science and technology that announces as scheduled actually, but make public as scheduled to doing not have " 3 fair " the behavior of funds, find out without any responsibility however.
Also exist because of this kind of reason, the act that Mo Yuchuan makes public to this government information whether fulfil, keep careful and hopeful only. On one hand, of leading unit clear, be helpful for responsibility finding out; But on the other hand, this announcement is unaccountable the relevant provision that find out, whether to meet the condition that sink shed at the form in the past, at present still bad judgement.
Mo Yuchuan is recollected, "We give " governmental information mbrass faucetakes public byelaw " set the 4th chapter to provide safeguard measure only, the governmental news that has 10 or so about makes public what the system moves to supervise with safeguard measure, current condition makes clear, set again well, do not fulfil also do not have method, various official is natural incline to underground, safeguard measure whether fulfil, decided the result that next governmental information publish. Decided the result that next governmental information publish..
In all safeguard measure, administrative lawsuit is considered as important one link.
Governmental information makes public byelaw " thirtieth 3 the 2nd section provision: Citizen, legal person is other perhaps the organization thinks the executive authority makes public the specific administration action in the job to encroach its in governmental information of legitimate rights and interests, can apply for to administration is reconsidered or mention lawsuit of politics of start on a journey lawfully.
Nevertheless, below current situation, information makes public administrative lawsuit be enslaved to be enslaved to a lot of element, relieve lack of power.
Chief difficult problem is governmental information open with keep secret the kink between concerns. Although governmental information " it is a principle in order to make public, underground is exception " the basic concept that government of law be consideringed as ought to follow, but actual condition is, " governmental information makes public byelaw " as administrative regulations, its effectivenfree norton internet antivirusess under " confidential law " .
Mo Yuchuan says, "" confidential law " became governmental official to escape information to make public actually ' lawful ' method, normally the practice is, made specific administration action may hurt administration specificly when opposite person interest, relevant government organization in order to keep secret, close to making the relevant file of this behavior add, administration is harmed relative to interest even if of the person, because cannot carry normal channel,also get a document, mention a lawsuit of administration of administrative answer make peace without methmodern dining chairsod. Mention a lawsuit of administration of administrative answer make peace without method..
This kind of predicament is not without solution. Look in Mo Yuchuan, this kind of behavior has been disobeyed " officeholder law " the regulation about must not abusing power, ought to investigate duty lawfully. "Governmental information is made public is lawfully a link of administration, need relies on form a complete set of plan of other way law to ensure, the key dare be determined in in. Look from the point of view that promotes be apt to of law of fine of cheap politics construction, pursuit to treat, the investment that governmental information makes public yields efficiency is tall, it is to break block thrust to be mixed into the grasper with very good reform cut a point. It is to break block thrust to be mixed into the grasper with very good reform cut a point..
The obstacle still includes the intervention of local government. Some saves the eastpart part a senior administration rules the judge discloses, "Together governmental information makes public a case in, basic level court prepares to sentence this government that save a province to break the law, legal system of government of province of some leader directive does this province government to call together judge of basic level administration attend a meeting, unite a thought, the requirement that raise is to cannot sentence province government to break the lanorton internet antivirusw.
The reporter learns, between this process, the judge also has engage in a battle with the person that intervene, but did not carry pressure finally to comply with the arrangement that saves a government. Mo Yuchuan says, this kind of interpose makes judicatory is in when facing governmental information to make public lawsuit, maintain the stance that is far from as far as possible, also be helpless actually lift.
Information is made public next
A variety of problems, king stannum zinc thinks, current governmental information works publicly to had entered deep water area gradually, the problem has been exposed come out.
With local government " 3 fair " funds is publicly exemple, this job each district has an attempt early. Attune of some county Ceng Gao advances Hunan this job, have a rank in all branches, the sectional chief before growth rank leans should show a case publicly. But this job is pushed boycott before long, it is in order to recieve cost exemple, it is to recieve ranking government official for the most part, do not have money to recieve, a lot of jobs cannot be begun.
Mo Yuchuan says, "Local government is open ' 3 fair ' funds displeases superior namely actually, the most typical is Sichuan white temple fair, did after making public, ranking leader also did not go again, a place if such word, the job did not have a law to do. The job did not have a law to do..
This kind of predicament also reflected the core problem that whole government information makes public actually: Any one what touch publicly is officials oneself interest, but drive governmental information to need publicly to rely on these officials to do again however.
Do not have in view of current and legislative level come on stage " governmental information publishs a law " or revise " confidential law " " governmental information makes public byelaw " plan, straighten both relation possibility from legislative level not quite.
And the administration of problem hang on of administrative lawsuit rules system is changed. Mo Yuchuan thinks, undertaking " administrative procedural law " the change that modification hopeful implements certain level.
Below the premise that does not have too large possibility in system sex change, in Wang Xi zinc looks, the most important is the concewatch case manufacturerpt self-identity that in makes public to governmental information, "Travel regime makes reform today, the adjustment of hypostatic structure is very complex special also difficulty, the technology that makes public this kind of processing through governmental information changes, promote the reform that administers a structure, it is a very good means. Introduce taller diaphaneity, can make system structure get optimizing. Can make system structure get optimizing..
"Future ought to be in final accounts of budget of the process of influence exercise, finance, public enterprise or business unit, major move bids the domain such as the domain advances information to make public, ensure governmental action brings into the public to supervise in. " king stannum zinc is special those who mention is, "Ought to timely drive official information to make public, solve decision-making medium interest conflict problem, fulfil governmental moral principles, rebuild public trust, is to prevent corruption not just. is to prevent corruption not just..
Can encounter resistance in view of any reform, king stannum zinc suggests, should " the assessment of achievement in one's post that carries from above to below, and public of from bottom to top participates in formation thrust, and the pressure that builds responsibility to find out a system to bring, turn governmental information publicly into benign orbit jointly " .
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