The State Post Office refused to disclose the money information of the express agent: go to ask the legal expert of the Ministry of Finance: the state post office should disclose its knowledge.
recently, lawyer wufei applied to the State Post Office and the Ministry of Finance for the disclosure of the information of the universal postal service fund, which was rejected
in the reply of the State Post Office, the information that wufei requested to disclose was "not within the scope of disclosure of our office according to law", because the specific measures for the collection, use, supervision and administration of the postal universal service fund were mainly the responsibility of the financial department of the State Council, so the state post office did not reply to the application
Wu Fei was difficult to accept such an explanation. "The collection, use, supervision and management information of the postal universal service fund includes both the information made by the state post office itself and the information obtained by it. It should be made public by the post office."
information disclosure is the principle, and non disclosure is the exception
at the end of 2012, the state post administration took the lead in drafting the Interim Measures for the administration of the collection and use of postal universal service fund, which stipulated that express delivery enterprises should pay the postal universal service fund to subsidize the development of postal universal service
in wufei's opinion, this service fund, which is interpreted by public opinion as "member money", has "problems in fairness, standardization, unity and rationality, and may be suspected of monopoly"
this is also the original intention of wufei's application to disclose the details of the fund
liuxiaoyuan, a lawyer from Beijing Fengrui law firm, believes that the postal universal service fund "does not involve state and commercial secrets, nor personal privacy. The public has the right to know about it. The government information should be made public to the whole society. In addition, citizens, express companies, experts and scholars all need to understand the operation, management and charging standards of the fund."
according to the regulations on government information disclosure implemented on may1,2008, administrative organs should actively disclose government information that meets one of the following basic requirements: involving the vital interests of citizens, legal persons or other organizations; It needs to be widely known or participated by the public; Reflecting the organizational structure, functions and procedures of the administrative organ; Other information that should be disclosed voluntarily in accordance with laws, regulations and relevant provisions of the state
"the regulations on information disclosure requires that the principle of disclosure should be followed, with the exception of non disclosure. It can only be disclosed when it involves state secrets and national security." Qinqianhong, Professor of constitutional and administrative law at Wuhan University, said in an interview that the postal universal service fund is obviously not an exception
the State Post Office believes that the financial department should disclose this information
Qin Qianhong said that the reasons given by the State Post Office are reasonable, but the application put forward by Wu Fei cannot be completely rejected. "The state post office should, according to the requirements of the applicant, disclose the roles played by the applicant in the whole process, such as hydraulic cementitious materials and non hydraulic cementitious materials, and the information learned."
"as for the documents jointly formulated by several departments, the regulations on the disclosure of government information do not clearly stipulate." Liu Xiaoyuan said that, however, the national post office took the lead in formulating the fund management measures, and the post office was responsible for their generation and management. Therefore, it is not possible to take it as a reason not to make it public because it is not the formulation subject of the measures
many government departments set a "high threshold" for information disclosure. On June 5, the Chinese Academy of Social Sciences released the China e-government Yearbook (2012). According to the statistics in the Yearbook, the total amount of information actively disclosed by local governments in the past three years exceeded 92million, with a growth rate of 16.7% in 2012. At the same time, the number of local government information disclosure applications has exceeded 660000 in the past three years, with a growth rate of 16.1% in 2012. About 80% of the applications can be met in the way of "consent to disclosure or partial disclosure"
Qin Qianhong commented that the current situation of government information disclosure "has made progress, but has not reached a satisfactory level."
"government departments, institutions and personnel have strengthened their awareness of information disclosure, and have taken a step forward in the disclosure of budgets and public funds. However, it is still not satisfactory. The public still feels that the comprehensiveness and systematicness of government information disclosure are not enough, and the attitude of some departments also shows wandering, evasive, secretive, etc." He said
liuxiaoyuan, who has applied for government information disclosure for many times, feels deeply and believes that "the resistance is really great"
"the government department either answers the public's application in an inappropriate way or prevaricates on the grounds that it involves state secrets. Although administrative proceedings can be brought, many courts are unwilling to file a case." Liuxiaoyuan said that many government departments have set a "high threshold" for information disclosure
"when you apply for the government department to disclose information, the other party requires you to provide proof that the information to be disclosed has an interest in the applicant. However, this proof is difficult to get out most of the time, which is tantamount to restricting your right to require the government to disclose information in disguise." Liu Xiaoyuan believed that the regulations on government information disclosure did not stipulate such restrictions. These artificial "thresholds" have the spirit of breaking the law
"at present, the voice of the media is too stereotyped, and the people's Congress is difficult to play its due role. Therefore, in the process of information supervision, it is too crowded, and there is a dense demand for information disclosure." Qin Qianhong said that due to the limited ways to reflect the demands at present, they are crowded into the narrow channel of applying for publicity
"the promotion of government information disclosure needs the cooperation of multiple parties." He said
the government information disclosure system lacks an effective accountability and accountability mechanism
"the government can not wait for citizens' applications before making information disclosure. It should take the initiative to make it public." Liu Xiaoyuan believes that the current government information disclosure system in China needs to be improved, and to promote government information disclosure, we first need to raise the regulations on government information disclosure to the height of law
such an appeal is not uncommon in academic circles
wangwanhua, a professor at China University of political science and law, once said, "most government legislation tends to focus on the government management law, while the content of the NPC legislation can realize the positioning of the civil rights law and the government obligations law, raise the regulations to the NPC legislation, and make it easier to build a government information disclosure system from the perspective of the protection of the right to know."
the reality is that the extension of government information in the disclosure regulations is not clear, and the vague scope of matters gives some organs and departments "an opportunity" to find various reasons to refuse to disclose relevant information
xiongwenzhao, a professor of constitutional and administrative law at the school of law of Central University for nationalities, said in an interview with the media that the regulations on government information disclosure should pay more attention to the perfection of the provisions and clearly specify the scope of matters not to be disclosed by way of enumeration; Allow citizens to obtain government information that has no direct relationship with them; The supplementary provisions allow citizens to bring a lawsuit to the court on whether a certain government information is a state secret, and the court will decide whether the disputed government information is a state secret. "
Qin Qianhong believes that it is difficult to implement government information disclosure, which has a lot to do with the "lack of refinement" of procedures
"for example, the subject applying for publicity should have a filtering mechanism. Otherwise, the government may encounter problems that it can't cope with. Oneortwo people can cope with the application for publicity, but if there are dozens or hundreds, the government may not be able to cope with it." Qin Qianhong said that the government information disclosure system still lacks an effective accountability and accountability mechanism to provide protection. "The regulations on government information disclosure in this regard are not clear enough and should be improved."