党政联合发文信息公开的司法实践、存在的问题与机制构建

Judicial Practice,Existing Problem and Mechanism Construction of Information Disclosure of Documents Jointly Issued by the Party and Government

作为党政机关履行职责的规范性文件,党政联合发文内容可能涉及公民、法人等主体的合法权益,其运行过程关系到党的执政能力与执政水平,党政联合发文信息公开对保障公民权利与提高全面从严治党质量具有现实意义。但司法实践中,党政联合发文信息公开请求被人民法院驳回的一般做法既忽视了行政相对人的合法权益,也不利于实现权力监督全面覆盖。党政联合发文难于公开的症结在于党内法规与国家法律不衔接不协调,即《中国共产党党务公开条例(试行)》与《中华人民共和国政府信息公开条例》既没有对党政联合发文能否公开作出明确规定,也没有为申请信息公开的当事人提供权利救济途径。基于此,党政联合发文公开机制应从党内法规与国家法律有效衔接入手,即探索建立党政联合发文审查公开联动机制,依申请公开机制,法院、行政机关与党委部门三者沟通互动机制,行政行为合法性机制。

As a normative document for the Party and government organs to perform their duties,The content of documents jointly issued by the Party and government may involve the legitimate rights and interests of citizens and legal persons,and its operation process is related to the Party’s governance ability and governance level,So the information disclosure of documents jointly issued by the Party and government is of practical significance to guarantee the rights of citizens and improve the quality of full,rigorous self-discipline of the Party.However,in the judicial practice,the common practice that the request of information disclosure of documents jointly issued by the Party and government being rejected by the people’s court not only ignores the legitimate rights and interests of the administrative counterpart,but also is not conducive to the realization of comprehensive coverage of power supervision.The difficulty of openness of documents jointly issued by the Party and government lies in the incongruity between the inner-Party laws and regulations and the state laws,that is,"the regulations on the opening of Party affairs"and"the regulations on the disclosure of government information"neither make clear provisions on whether the documents jointly issued by the Party and government can be made public,nor provide a right remedy for the Parties who apply for the disclosure of information.Based on this,the Mechanism of information disclosure of documents jointly issued by the Party and government should start from the effective convergence and coordination between the inner-Party laws and regulations and the state laws,that is to explore the linkage mechanism of the review and openness of documents jointly issued by the Party and government,the mechanism of disclosure on request,the communication and interaction mechanism of the court,the administrative organ and the Party committee department and the legality mechanism of administrative action.