Social Sciences in China (Chinese Edition)

No.9, 2014

 

Weighing the Public Interest in the Publication of Government Information

(Abstract)

 

Wang Jingbo

 

The publication of government information involves the interests of the applicant, the third party and the public. The attenuation of applicants’ qualifications and the system of assessing the public interest make the public interest the main driving force behind the publication of information. Exceptions to publication contain an implicit public interest. Between the two conflicting options of publishing or not publishing, the public interest acts as the key balancing mechanism. The bias of the public interest toward disclosure has to do with values such as the right to know, democratic politics and public participation, whereas the public interest in non-disclosure tends to be implicit in the exceptions to this trend. The plural nature of interest bodies and the duality of the public interest increase the level of complexity of the balance of interests in the publication of government information. Comprehensive and thorough analysis of interests and the exclusion of unrelated factors are prerequisites for achieving a balance of interests. Giving priority to the public interest and public disclosure are the institutional values underlying information disclosure laws and are also the basic principle in weighing interests.