《政府信息公开条例》删除“三需要”条款的正向效应和潜在风险

The Positive Effects and Potential Risks of Deleting the Three Requirements in the Regulations on the Disclosure of Government Information

《政府信息公开条例》中的“三需要”条款一直是各界争议的焦点,此次条例修订将该条款删除,既是对域外成熟经验的借鉴,也是信息公开的现实环境使然。“三需要”条款的删除对我国信息公开乃至法治进程而言具有积极的正向效应,公开权利得到进一步释放,行政裁量空间被进一步限制,司法审查的负担进一步得到缓解。然而,需要进一步引起关切的,应该是公开权利的失衡、公开实践的困境和司法审查的变向给未来信息公开进程带来的潜在风险。

The three requirements clauses in the Regulations on Government Information Disclosure have always been the focus of controversy from all walks of life.This amendment to the regulations deletes this clause,which is not only a reference to mature overseas experience,but also inseparable from the changes in the real environment of information disclosure.The deletion of the three requirements clauses has a positive effect on the information disclosure and even the administrative rule of law in China,the public rights were further released,the administrative discretion space was further restricted,and the burden of judicial review was further alleviated,and the next step that needs to be concerned is that the imbalance of information disclosure rights,the dilemma of information disclosure practice,and the change of judicial review are all hidden in the future development of information disclosure.