会议纪要应否公开的判定逻辑及规则

The Logic and Rules Regarding the Disclosure of Meeting Minutes

会议纪要是行政管理过程中行政机关常用的一种公文形式。从法律角度看,会议纪要属于政府信息之范畴,但从行政决策和管理的质量和效用角度看,会议纪要也可能具有内部性、讨论性、过程性信息的特点。因此,对于会议纪要是否公开问题,应当在利益衡量和比例原则的法理基础上,引入基本的判定逻辑和操作性规则。会议纪要应否公开的判定,在逻辑上应当分析会议纪要所记载的信息内容而非会议纪要这一信息形式;在操作规则层面,应考虑信息的空间、时间、内容、功能四要素来判定过程性、讨论性信息。对会议纪要应否公开问题,当前既需要在实践层面对一些认知的误区进行纠错,更需要在立法层面对内部信息、过程性、讨论性信息等概念进行明确的规范和界定,并提供操作性规则。

Meeting minute is a kind of official documents commonly used by administrative agency in the process of administration. From a legal perspective, meeting minutes fall into the scope of governmental information. On the other hand, they may be internal, deliberative as well as procedural in nature from the angel of the quality and the effectiveness of administrative decision-making. Therefore, as for whether or not they should be disclosed to the public, fundamental logic for judgments and operational rules need to be introduced on the jurisprudential basis of the balancing of interests and the principle of proportionality. With regard to the judgment on the disclosure of a meeting minute, it is in logical terms the content of the information involved in it rather than the form of information itself that should be taken into account. In terms of the operational rules, four elements like the space, the time, the contents as well as the functions of the information ought to be taken into consideration, and a technique of ＂three step analysis＂, including the procedural analysis, the formative analysis and the restrictive analysis of the information contained in meeting minutes, need to be adopted.