公安机关政府信息公开范围研究

发布时间：2018-10-14 08:34

【摘要】：信息公开是法治公安建设的必然要求,公安机关哪些信息属于政府信息并可以为公众所知悉,是推进信息公开工作的前提性、基础性问题。公安机关信息具有信息量大、关注度高、保密信息多、个案信息公开需要具体分析等特点。真正意义上的公安机关信息公开发源于上世纪八十年代,并随着《政府信息公开条例》的实施和《公安机关执法公开规定》的出台,公开范围不断拓展。通过对各地信息公开总体情况和信息公开诉讼实践状况进行考察,发现公安机关信息公开范围界定存在政府信息与否的认定难,法定不予公开事项把握不准、主动公开内容随意性大、热点事件公开不及时全面、非正常申请应对乏力等问题。存在问题的主要原因有政府信息的概念易引发分歧、不公开事项边界不清、相关法律规定存在冲突、公安机关执法不规范、信息公开理论研究不深入等。结合域外信息公开的经验及启示,建议在立法层面,将刑事执法信息统一纳入《条例》调整范围,在明确“公开为原则,不公开为例外”的前提下,全面列举不予公开的事项,依法规制滥用信息公开申请权的行为;在实践层面,公安机关应当完善信息公开内容和方式,将信息公开融入公安执法规范化建设,做到公开与规范相互促进,不断推动警务数据开放。
[Abstract]:Information publicity is an inevitable requirement of the construction of public security under the rule of law. Which information of public security organs belongs to the government information and can be known by the public is the prerequisite and basic problem in the work of promoting information disclosure. The information of public security organs has the characteristics of large amount of information, high degree of attention, more confidential information, and the case information disclosure needs specific analysis and so on. The public information of public security organs originated in the eighties of the last century, and with the implementation of the "regulations on the publicity of Government Information" and the publication of the "provisions on the publicity of Law Enforcement by Public Security organs", the scope of publicity has been continuously expanded. Through the investigation of the general situation of information disclosure and the practice of information disclosure litigation in various places, it is found that it is difficult to determine whether the scope of information disclosure of public security organs exists in the determination of government information or not, and that the legal non-disclosure matters are uncertain. The content of active disclosure is arbitrary, the hot issues are not timely and comprehensive, and the abnormal application is weak. The main reasons for the problems are that the concept of government information is liable to lead to disagreement, the boundary of non-disclosure matters is unclear, the relevant laws and regulations are in conflict, the law enforcement of public security organs is not standardized, and the theory of information disclosure is not deeply studied. Combined with the experience and enlightenment of information disclosure outside the country, it is suggested that the criminal law enforcement information should be brought into the regulation scope of the regulations in the legislative level, and on the premise of "openness as the principle and not open as the exception", the items that should not be disclosed should be listed in an all-round way. In practice, the public security organs should perfect the contents and methods of information disclosure, integrate the information publicity into the standardization construction of public security law enforcement, and achieve mutual promotion between openness and standardization. To continuously promote the opening up of police data.
【学位授予单位】：南京师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.1

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