“国家秘密”理念与“合法伤害权”消解

The Concept of "State Secrets" and Solution to the "Right of Legitimate Injury"

国家秘密界定的模糊性易导致公众知政权的"合法伤害",调整"国家秘密"理念有助于"合法伤害权"的消解。理性设立国家保密事项的合理界限应该确立两项基本原则:以信息的公开是否存在"明显而即刻的危险或损害"作为秘密事项判断的标准,且危险或损害的"明显"而"即刻"性预测是合理的;基于前一原则强调公民权利的满足而非政府权力的到位,对于不明显符合上述原则的那些信息,应以公开而非保密为优先考虑。

The ambiguity in defining the state secrets can easily lead to ＇ legitimate injury ＇ to the public right to know state affairs. As a result, adjusting the concept of ＂ state secrets＂ will help solve ＂ the right of legitimate injury＇. Two basic principles should be made to fix reasonable limits to national security items. One is to check whether there are obvious and immediate dangers or harms in the open information and use it as a standard to judge secret items, and the prediction is reasonable; the other is to emphasize, based on the previous principle, that the rights of citizens are fulfiled not because of the power of the government in place, and the information which doesn＇t seem to comply with the above principles should be made public rather than be kept secret.