Below is a list of Chinese- and English-language resources related to Open Government Information (OGI) in China. OGI refers to the government’s publication of information created or obtained in the course of carrying out its duties, and its provision of such information to members of the public upon request—including pursuant to the recently-issued Regulations on Open Government Information (OGI Regulations), which were adopted by the State Council of the People’s Republic of China (PRC) on January 1, 2007, and became effective on May 1, 2008. Since OGI is still a relatively new development in China, English-language materials (academic publications in particular) regarding this topic are limited. Therefore, the majority of the resources cited below are available only in Chinese.
In addition to OGI resources, this list also includes resources on the related topics of citizens’ right to know, protection of state secrets, public participation in government administration, and transparency of governance.
Websites and Blogs
Budget of China [中国预算]
This website is run by Wu Junliang, founder of an asset management company in Shenzhen and a volunteer dedicated to promoting government budget transparency, together with a group of accounting and financial experts working in his company. They use the OGI Regulations to request budget information from departments and commissions under the State Council and governments at provincial and municipal levels. They track their requests and provide analysis of the budget reports that have been disclosed to them. The website also highlights news reports regarding development of financial transparency in China.
China Law Info [北大法律信息网]
Chinese and English
This searchable database, maintained by the Peking University Legal Information Center, contains national, departmental, and local regulations related to OGI in China. While the legislation in this database is mainly in Chinese, English translations of some of the legislation are available. Full texts of the documents in this database are only available to subscribers.
China Public Participation Network [中国公众参与网]
Operated by the Center for Public Participation Studies and Support of the Peking University, this website contains news and commentaries related to public administration, public participation in government administration, and rule of law development in general. The Center’s electronic journal, China Public Participation Watch, can also be downloaded at this website.
China Transparency [透明中国]
Established by the Carter Center China Program in November 2008, this website contains a substantial amount of information related to OGI in China, including national, local, and departmental regulations, case tracking, commentaries, news reports, and cross-national comparative studies.
Constitutionalism of China [中国宪政网]
This is a website run by the Research Centre for Constitutional and Administrative Law of Renmin University of China, whose Executive Director Mo Yuchuan is one of the primary drafters of the OGI Regulations. The website contains Chinese-language articles discussing various OGI-related issues, including challenges to implementation of OGI, problems in OGI-related legal proceedings, protection of the public’s right to know, and OGI guidelines for local officials.
EU-China Information Society Project [中国-欧盟信息社会项目]
Chinese and English
Founded in 2005, the EU-China Information Society Project is a joint project between the EU and Chinese governments, focused on improving China’s information society legislation and practice, and enhancing the EU’s knowledge of their Chinese counterpart’s situation. This project covers OGI, personal data protection, e-government, information security, telecommunications, and many other issues related to online information. The website includes project materials such as survey reports and news about project activities (e.g., training and capacity building of officials).
Freedom of Information in China: An Account of Institutional Reform and Law Enforcement [透明度观察]
Chinese and English
As the main component of the website Freedom of Information in China, set up by Mr. Yongxi Chen, Ph.D., a student at the Department of Law at the University of Hong Kong, this blog provides information and news about the development of OGI in China, such as interactive maps describing OGI laws and cases at the local government level. The blog includes detailed analysis of various OGI-related cases and commentaries regarding OGI regulations in China. It also includes comparisons of OGI with the relevant experiences of foreign jurisdictions.
Chinese and English
This blog, a joint project of the National Resources Defense Council and the China Environmental Culture Promotion Association, contains articles discussing disclosure of government information related to environmental law, corporate social and environmental responsibility, technological and ecological surveillance on pollution, and other key environmental issues. It also provides links to external websites for further reading.
Guangdong Province State Secrecy Bureau [广东省国家保密局]
While no website is available for the national-level state secrecy bureau, this website of the Guangdong Province State Secrecy Bureau is one of the local level bureaus providing both national- and local- (Guangdong) level news and legislation related to protection of state secrets. This website also contains information on the roles and functions of the Bureau, measures and procedures in handling state secrets, and promotional work regarding protection of state secrets. A public e-forum on state secrets issues is also available.
Hunan Provincial State Secrecy Bureau [湖南省国家保密局]
This is another informational website about a local state secrecy bureau. While its categories of information are similar to those of the Guangdong Province State Secrecy Bureau website, the Hunan Province State Secrecy Bureau website also contains information on cases related to the leaking of state secrets.
Open Constitution Initiative (OCI) [公盟]
Run by a group of public interest scholars, lawyers, and activists, the OCI focuses on increasing public awareness of, and stimulating public participation in discussions concerning, public interest issues. OCI also provides legal assistance to public interest litigants and proposes reforms. The website has a special section on OGI (only available in Chinese) that contains reports of OCI’s actions regarding OGI-related cases, and news and commentaries related to OGI in China.
Open Government Information Special Column of the General Office of the State Council of the People’s Republic of China [中华人民共和国国务院办公厅政府信息公开专栏]
This official database contains searchable full text of administrative regulatory documents and decisions issued by the State Council, including the full text of the OGI Regulations and the relevant notice and opinion of the State Council. The website also provides links to the OGI websites of various government departments under the State Council and local governments.
Research on Freedom of Information and Electronic Government in China [电子政务与信息公开法律问题研究]
This blog is run by Xiao Weibing from Shanghai University of Politics and Law. It contains news and information related to OGI both in China and other countries.
Shanghai Municipal People’s Government [上海市人民政府]. Shanghai shi zhengfu xinxi gongkai niandu baogao [上海市政府信息公开年度报告].
This website contains the Open Government Information Annual Reports of the city of Shanghai from 2004 to 2007. The reports provide detailed statistics regarding government-initiated information disclosure and citizens’ disclosure requests.
Books and Reports
Carter, Megan, and Lü Yanbin [吕艳滨]. Access to Government Information in Europe and China: What Lessons to be Learned? [欧洲与中国政府信息公开：我们能够学到什么?]. EU-China Information Society Project, November 2007 [中国欧盟信息社会项目, 2007 年11月]. http://www.informationsociety.de/user_resources/FOIA_Hart_2007_11_EN.pdf
This report offers a comparative study of OGI law and practice, and lessons for officials responsible for handling disclosure of government information in the EU and China. By reviewing the experiences of the EU states in disclosing government information, the report points out the inadequacies in China’s current OGI system, and provides recommendations for future improvements. The Chinese translation of this report was published into a book entitled Comparative Research on the System of Access to Government Information in the EU and China [中欧政府信息公开制度比较研究] by Law Press in 2008.
Florini, Ann, ed. The Right to Know: Transparency for an Open World. New York: Columbia University Press, 2007.
This book contains two chapters that specifically discuss the issue of OGI in China: “Toward a More Open China?” by Jamie P. Horsley, and “Open Government in China: Practice and Problems” by Hanhua Zhou. Both of these chapters provide an overview of the developments of open government and OGI in China, the problems encountered in the development processes, and proposals for future reform and development.
General Office of the State Council [国务院办公厅]. Guowuyuan Bangongting gongbu 08 zhengfu xinxi gongkai gongzuo jiben qingkuang [国务院办公厅公布08年政府信息公开工作基本情况]. April 1, 2009.
This is a report by the General Office of the State Council on progress in releasing government information as required by the OGI Regulations. The report provides a comprehensive list of documents that were made public during the 2003–2007 period (1,018 documents) and in 2008 (110 documents). The report categorizes these documents as follows: economic and social development plans, budgets, strategies on major projects (including those relating to earthquakes, natural disasters, the tainted milk powder incident, and the financial crisis), major incidents that are closely linked to the general public, drafts of major resolutions, State Council meetings and activities of leaders, changes in agencies and personnel, and major construction projects.
Hu,Xianzhi [胡仙芝]. PoliticalAffairs Open and Political Development [政务公开与政治发展研究]. China Economics Publishing House, 2005 [中国经济出版社, 2005].
This book studies the relationship between open governance and national political development. It offers a detailed analysis of the development of the theories and practices of open governance in several countries including China. It discusses the political importance of open governance and its relevance to citizens’ right to know. The book also examines the development of open governance in government institutions such as village and local governments, police organs, and ministries and central government departments in China.
Human Rights in China. State Secrets: China’s Legal Labyrinth. New York: Human Rights in China, 2007.
This report provides a detailed and comprehensive overview of China’s state secrets regime, and analyzes the role it plays in hindering protection of human rights and efforts to develop the rule of law. It recommends measures that would lead to the reform of the state secrets system in China.
Legislative Affairs Office of the State Council, ed. [国务院法制办公室编]. Zhonghua Renmin Gongheguo zhengfu xinxi gongkai tiaoli zhujie yu peitao [中华人民共和国政府信息公开条例注解与配套]. China Legal Publishing House, 2008 [中国法制出版社, 2008].
This book offers a comprehensive discussion of OGI in China. It explains the principles governing OGI and the legislative intent of the OGI Regulations; the scope of information to be disclosed at various government levels; the methods and procedures of information disclosure; and mechanisms to supervise government information disclosure.
Li, Buyun, ed. [李步云主编]. Xinxi gongkai zhidu yanjiu [信息公开制度研究]. Hunan University Press, 2002 [湖南大学出版社, 2002].
This book examines the theories of OGI and the development of OGI systems in various sectors of government in China, including the judiciary, the procuracy, the police, and the village governments. It introduces as points of comparison the OGI systems in the United States, Japan, and Germany.
Liu, Feiyu [劉飞宇]. Freedom of Administrative Information in Reforming China [转型中国的行政信息公开]. China Renmin University Press, 2006 [中国人民大学出版社, 2006].
Based on the author’s doctoral thesis, this book places the construction of a Chinese Freedom of Information (FOI)-like institution against the backdrop of regime transformation. It discusses the possibilities for a new normative basis for the right to know, and in particular, re-conceptualizes the evolution of the practice of open administrative information since the founding of the PRC. The book suggests possible ways of “localizing” FOI institutions in China. It also analyzes China’s first FOI litigation, tried in Shanghai in 2004, and examines the overlap and conflicts in the laws governing archived materials, access to personal information, and disclosure of administrative information.
Liu, Feiyu, and Wang Conghu [刘飞宇及王丛虎]. Duowei shijiao xia de xingzheng xinxi gongkai yanjiu [多维视角下的行政信息公开研究]. China Renmin University Press, 2005 [中国人民大学出版社, 2005].
This book discusses the rationale for OGI and its significance for government administration. It analyzes the relationship between e-governance and OGI, and their impact on government administration. The authors also examine OGI features targeted at achieving transparency of governance, and the systems and experiences of OGI in several foreign jurisdictions as well as in Beijing. Finally, the authors point out the inadequacies of the current OGI system in China and propose measures for future reform.
Liu, Heng [刘恒]. Zhengfu xinxi gongkai zhidu [政府信息公开制度]. China Social Sciences Publishing House, 2004 [中国社会科学出版社, 2004].
This book studies the scope, procedures, and supervision mechanisms of OGI, and OGI reforms from the perspective of comparative law. It summarizes by sector the key problems that the Chinese government should address. The authors are members of a task force entrusted by the Guangzhou government to draft the Provisions of Guangzhou on Open Government Information—the first local OGI legislation in China. Drawing upon local experience, the book also discusses what content a nationwide OGI law should include. In the annex, there is an annotated version of the Guangzhou OGI Provisions, together with an explanation of how they were drafted.
Liu, Jie [刘杰]. Zhiqing quan yu xinxi gongkai fa [知情权与信息公开法]. Tsinghua University Press, 2005
This book offers a theoretical study of OGI and the right to know, and provides a comparative study of
the OGI system and the constitutional status of the right to know in the United States, Japan, and China.
Mo, Yuchuan, and Lin Hongchao, eds. [莫于川及林鸿潮主编]. Zhengfu xinxi gongkai tiaoli shishi zhinan [政府信息公开条例实施指南]. China Legal Publishing House, 2008 [中国法制出版社, 2008].
This book provides a practical guide and training manual for officials overseeing the disclosure of government
information. It examines the evolution of the OGI system in China, the institutional structure
and actual operation of the OGI system, the mechanisms to supervise the disclosure of government
information, and remedies for non-disclosure. One of the chief editors of this book was a key drafter of the OGI Regulations.
Office of the Central Commission for Discipline Inspection of the Communist Party of China, ed. [中央纪委办公厅编]. Zhengfu gongkai [政务公开]. Zhongguo Fangzheng Chubanshe, 2001 [中国方正出版社, 2001].
This book reviews a wide array of official documents from China’s central and local government offices to provide an overview of OGI in China.
Qi,Aimin, and ZhangWanhong, eds. [齐爱民、张万洪主编]. Dianzihua zhengfu yu zhengfu xinxi gongkai fa yanjiu [电子化政府与政府信息公开法研究]. Wuhan University Press, 2008 [武汉大学出版社, 2008].
This book offers an examination of the theories and content of e-government and the OGI system, and a detailed study of China’s OGI system. It also analyzes the impact of government digitalization on the implementation of the OGI system.
Wang, Hua [王华]. Huanjing xinxi gongkai: Linian yu shijian [环境信息公开——理念与实践]. China Environmental Science Press, 2002 [中国环境科学出版社, 2002].
This book studies issues related to disclosure of environmental information. In addition to examining the theoretical issues and overseas practice of disclosure of information pertaining to the environment, this book offers a detailed analysis of the situation in China. The relevant experiences of Hohhot, Inner Mongolia Autonomous Region and Zhenjiang, Jiangsu Province are also discussed.
Wang, Xixin [王锡锌]. Gongzhong canyu he xingzheng guocheng: yi ge linian he zhidu fenxi de kuangjia [公众参与和行政过程——一个理念和制度分析的框架]. Zhongguo Minzhu Fazhi Chubanshe, 2007 [中国民主法制出版社, 2007].
This book focuses on issues of public participation in government administration. It contains a chapter specifically analyzing the development and substance of the OGI system in China, and how OGI relates to public participation in government administration and transparency.
Yan, Hai [颜海]. Zhengfu xinxi gongkai lilun yu shijian [政府信息公开理论与实践]. Wuhan University Press, 2008 [武汉大学出版社, 2008].
This book offers a comprehensive discussion of the principles, theories, and values of OGI from a political, sociological, administrative, legal, economic, and information management perspective. It examines the conditions required for implementation of an OGI system. It also traces the development of the OGI system in China, provides a comparative study of the OGI systems of several foreign countries, and draws lessons from their experiences for China. Other relevant issues, such as mechanisms to supervise the implementation of OGI and resolve related disputes, and the use of the Internet in achieving government transparency, are also examined.
Zhang, Mingjie [张明杰]. Kaifang de zhengfu: Zhengfu xinxi gongkai falü zhidu yanjiu [开放的政府——政府信息公开法律制度研究]. China University of Political Science and Law Press, 2003 [中国政法大学出版社, 2003].
Published prior to the promulgation of the OGI Regulations, this book offers a comprehensive study of various theoretical and practical issues related to OGI. The last chapter of this book briefly reviews the constitutional and legal basis of the right to access government information in China at the time of writing, and comments on experts’ draft proposals for the OGI Regulations.
Zhang,Qiong, and Cao Kangtai, eds. [张穹及曹康泰主编]. Zhonghua Renmin Gonghe Guo zhengfu xinxi gongkai tiaoli duben [中华人民共和国政府信息公开条例读本]. People’s Press, 2007 [人民出版社, 2007].
Edited by the Director and Deputy Director of the Legislative Affairs Office of the State Council, and contributed to by some of the drafters of the OGI Regulations, this book is a comprehensive and authoritative sourcebook with regard to the existing OGI Regulations in China. The book contains detailed explanations of the legislative intent behind the OGI Regulations. It also includes many other documents and legislation (both national and local) related to OGI in China. OGI legislation of other countries is also included for reference.
Zhou, Hanhua, ed. [周汉华主编]. Woguo zhengwu gongkai de shijian yu tansuo [我国政务公开的实践与探索]. Chinese Legal Publishing House, 2003 [中国法制出版社, 2003].
This book offers an overview of the state of transparency in governance in China prior to the promulgation of the OGI Regulations. Topics covered include studies of the practice of transparency in village governance, procuratorial work, and policing, and development of the system of protection of state secrets in China. The implementation of e-government in Hebei and open governance in Zhejiang, as well as some relevant cases from Jiangsu, are discussed in detail. This book allegedly served as an empirical basis for the Experts’ Draft Proposals for the OGI Regulations. The editor of the book was the director of the task force on “Information Society and the Institution of Open Government Information” at the Institute of Law of the Chinese Academy of Social Sciences.
Zhou, Hanhua, ed. [周汉华主编]. Zhengfu xinxi gongkai tiaoli zhuanjia jianyigao: Cao’an, shuoming, liyou, lifali [政府信息公开条例专家建议稿——草案、说明、理由、立法例]. Chinese Legal Publishing House, 2003 [中国法制出版社, 2003].
Written before the adoption of the OGI Regulations, this book contains proposals and detailed explanations for the OGI Regulations from Chinese experts. While not all of the proposals were ultimately adopted, this book is regarded as an important reference, or even basis, for the formulation of the existing OGI Regulations.
A, Ji [阿计]. “Feature Report on Right to Know and Transparency” [《知情权与透明度》专题报导]. Democracy and Legal System [民主与法制] 9 (2008): 4–13.
This article provides a detailed account of the development of citizens’ right to know, transparency of government administration, and OGI in contemporary China. It points out inadequacies in the OGI Regulations, discrepancies between the Regulations and state secrets laws, and the need to amend the latter in order to safeguard citizens’ right to know.
Chen, Fuzhi [陈富智]. “Several Issues Related to the Regulation on the Disclosure of Government Information (Parts A and B)” [关于《政府信息公开条例》的几个问题(上)、(下)]. Chinese Public Administration [中国行政管理] 11 (2007): 21-23 & 1 (2008): 21–23.
Written by an official of the Legislative Affairs Office of the State Council, these two articles offer a detailed official explanation of the rationale behind the enactment of the OGI Regulations and the content of the Regulations. The articles also point out several important issues in implementing the OGI Regulations.
Duan, Yaoqing, Fei Kuiming, Xu Xi, and Wang Yinxia [段尧清、费奎明、徐希及汪银霞]. “The Investigation about Public Response to the Freedom of Chinese Government Information” [我国政府信息公开公众响应情况调查报告]. Library and Information Service [图书情报工作] 4 (2008): 66–69.
This article reports the outcome of a survey carried out in more than ten localities in China regarding the public’s understanding of and attitude toward OGI.
Guo, Chuangrui [郭创锐]. “Fanfu shiye xia de zhengfu xinxi gongkai qianlun” [反腐视野下的政府信息公开浅论]. Legal System and Society [法制与社会] 4 (2008): 226–227.
This article analyzes the relationship between corruption and non-transparency of government information. It discusses the important role of citizens’ right to know in supervising the government and points out defects in the legislation related to OGI in China, which undermine its effectiveness in preventing corruption. The author also provides suggestions for improving the current OGI system in China in order to strengthen efforts against corruption.
Horsley, J. P. “Special Issue on Open Government in China.” Government Information Quarterly 23, no. 1 (2006): 5–72.
The national OGI Regulations were passed by the State Council in 2007. However, as early as 2003, some localities in China had already enacted their own local OGI regulations and started their pilot projects on OGI. This eight-part special issue contains English translations of four official reports on the implementation of local OGI regulations in Guangzhou, Shanghai, and Chongqing, and the full text of the OGI regulations in these three localities.
Huang, Qingchang [黄庆畅]. “Encountering a ‘Glass door’ in Applying for Disclosure of Government Information” [申请信息公开遭遇“玻璃门”]. People’s Daily [人民日报], November 12, 2008, 13.
This article was published a half-year after the OGI Regulations came into force. It reported the difficulties encountered by citizens in applying for disclosure of government information and seeking redress for non-disclosure.
Hubbard, Paul. “China’s Regulations on Open Government Information: Challenges of Nationwide Policy Implementation.” Open Government: A Journal on Freedom of Information 4, no. 1 (2008).
This article analyzes the obstacles that the Chinese government faces in ensuring consistent implementation of the OGI Regulations nationwide. It claims that the central government is not providing a strong legal text or clear directives to guide implementation. Instead, the central ministries and local governments are allowed to develop their own implementation models. This results in disparities in implementation of the OGI Regulations among different government organs: while the Regulations are more successfully implemented in government organs that have committed to the OGI policy, they face obstacles in compliance from government organs that see no benefit in information disclosure.
Li, Ao, and Xu Yan [李傲、许炎]. “Report Investigating the Knowledge Degree of Public Administration” [关于行政公开认知度的调查报告]. Law Review [法学评论] 2 (2004): 65–73.
This article reports on a survey carried out in 2002 on the awareness of open governance among government officials and ordinary citizens in China. Based on their survey results, the authors argue that the following steps are necessary in order to achieve open governance: 1) legislation should be formulated to set out the principles and implementation procedures of open governance; 2) the mentality of government officials must change; and 3) a comprehensive mechanism should be established to supervise the administrative organs’ disclosure of governance information in order to safeguard citizens’ right to know.
Li, Guangyu [李广宇]. “Study on the Issues Relating to Administrative Litigation on Anti-Open Government Information” [反信息公开行政诉讼问题研究]. Journal of Law Application [法律适用] 8 (2007): 48–51.
“Anti-open government information” litigation refers to cases filed with the goal of prohibiting the government from disclosing certain information in order to protect trade secrets and privacy. This article discusses the problems associated with this kind of litigation.
Lin, Aijun [李爱珺]. “Jiyu zhiqing quan de guojia baomi zhidu yanjiu” [基于知情权的国家保密制度研究]. Journalism Quarterly [新闻大学] 1 (2008): 70–76.
This article examines the conflict between the right to know and the state secrecy system, and points out the necessity of reforming the latter in order to make it compatible with the OGI system. It also proposes certain methods to address the conflict between the right to know and protection of government secrecy in practice.
Liu, Feiyu [刘飞宇]. “Perfection of the Open Government Information System from the Perspective of Public Access to Archives—Using the First Case of Open Governance as a Turning Point” [从档案公开看政府信息公开制度的完善―以行政公开第一案为契机]. Law Review [法学评论] 3 (2005): 88–94.
This article examines the archive system in China, points out areas in which it conflicts with OGI, and proposes solutions to those conflicts that would safeguard citizens’ right to know.
Liu, Feiyu [刘飞宇]. “Linking Open Government Information with Protection of Personal Data—From the Perspective of the First Case of Open Governance in Our Country” [行政信息公开与个人资料保护的衔接―以我国行政公开第一案为视角]. Legal Science [法学] 4 (2005): 121–127.
This article analyzes China’s so-called “first case of open governance” in great detail and discusses the protection of personal data under the OGI system.
Lu, Zhizeng [卢智增]. “Analyzing the Plights of Disclosure of Government Information in Our Country and the Relevant Solutions” [我国政府信息公开的困境及对策分析]. Library Theory and Practice [图书馆理论与实践] 3 (2008): 49–51.
This article discusses the difficulties in implementing the system of OGI in China and proposes possible solutions to those problems.
Mo, Yuchuan [莫于川]. “Legalization of Administrative Procedure and Transparency of Administration—Establishment of a Sunshine Government” [行政程序法治观与行政许可透明度―从制度创新努力看建设阳光政府的方向]. Modern Law Science [现代法学] 2 (2008): 23-28.
This article provides an account of the efforts of central and local governments to develop the OGI system and administrative license system in order to enhance transparency of governance and establish a “sunshine government.”
Mo, Yuchuan, and Lin Hongchao [莫于川、林鸿潮]. “A Research Report on the Enforcement Preparation of the Regulations on Open Government Information: Focus on Jiangsu, Fujian, Sichuan and Yunnan Provinces” [《政府信息公开条例》实施准备调研报告—以苏闽川滇数省等作为考察重点]. Legal Science [法学] 6 (2008): 113.
This article examines the measures taken to enforce the OGI Regulations in two coastal provinces and two inland provinces. It finds that government agencies in different provinces react differently to transparency requirements and that the overall situation of OGI compliance in the four localities is unsatisfactory. The article concludes that effective remedial measures are necessary.
Sun, Xuyang [孙旭阳]. “The First Case of Open Government Information Becomes a Deadlock in Chenzhou” [政府信息公开第一案僵持郴州]. Zhejiang Renda [浙江人大] 11 (2008).
This article discusses the background and development of the first administrative litigation related to non-disclosure of government information in China since the OGI Regulations came into force on May 1, 2008. The article uses the case to highlight problems related to the implementation of the OGI Regulations.
“The Government Department Loses in the First Case of Non-Disclosure of Government Information in Hubei Province” [湖北省首例政府信息公开不作为案政府部门败诉]. China News Service [中国新闻网], October 23, 2008.
This article provides a brief summary of the case in which a Hubei citizen sued the Huangzhou Communications Bureau of Hubei Province for non-disclosure of information related to the establishment and functions of the Bureau, its work procedure, and the road maintenance fee it charges motorcycle owners. Given that the Bureau failed to respond to the litigant’s request within the legally prescribed time limit, the court ruled in favor of the litigant in this case.
Wen, Xiaoli [温晓莉]. “On the Legal System of ‘Administrative Affairs Publication’” [论政务公开的法律 体系]. Chinese Legal Science [中国法学] 2 (2004): 3–12.
While the formulation of OGI legislation is an important measure for achieving open governance, this article points out that the following four improvements should be undertaken in order to perfect the open governance system: 1) Insert provisions governing the procedure of disclosure of government information in legislation that touches upon significant interests of citizens and society (such as the Land Administration Law, Pharmaceutical Administration Law, and legislation relating to exploitation of natural resources and environmental protection); 2) Establish an official assets declaration system; 3) Disclose government budgetary information and perfect the government procurement system; and 4) Enact legislation to protect privacy, perfect the legislation regarding trade secrets, and amend the state secrets law. The article provides a detailed analysis of the current challenges to these four improvements, and proposes measures for future reform.
Xia, Li Lollar. “Assessing China’s E-Government: Information, Service, Transparency and Citizen Outreach of Government Websites.” Journal of Contemporary China 15, no. 46 (2006): 31–41.
This article looks beyond OGI legislation alone and examines the development of e-government in China. It reports on the outcome of a survey of 29 local government websites, showing the information and services provided by those websites, and analyzing to what extent those websites contribute to the transparency and openness of government, enhancement of citizens’ political participation, and democratic political development in China.
Xiang, Zuoqun, and Hu Meiling [向佐群、胡美灵]. “A Survey and Reflection on the Situation of Open Government Information in the Rural Areas in Our Country” [对我国农村政府信息公开的调查与思考]. Hunan Social Sciences [湖南社会科学] 5 (2007): 79–83.
This article reports on the outcome of a survey carried out in a number of rural areas in Hunan, Liaoning, Shandong, Hebei, and Chongqing studying the situations of OGI in these areas, the local people’s demand for OGI, and the channels for them to obtain government information. The authors assess the effectiveness of the implementation of OGI in China’s rural areas, point out the problems encountered in the implementation process, analyze the causes of those problems, and propose possible solutions.
Yin, Ping [尹萍]. “Information Publication and Government by Law—Inspiration from ‘SARS’ to ‘Bird Flu’” [信息公开与法治政府―从“非典”到“禽流感”的启示]. Hebei Law Science [河北法学] 11 (2004): 146–149.
The outbreak of SARS in China in 2003 clearly exposed the disastrous effect of non-transparency in governance. After learning a painful lesson from this incident, the Chinese government began to establish the OGI system. This article begins by discussing the importance of OGI to rule of law, and then critically examines the situation of non-transparency of government information before SARS and the development of the OGI system in China since then. Measures to guarantee the disclosure of government information and citizens’ right to know are also proposed in this article.
Zhang, Jiansheng [章剑生]. “Right to Know and Its Guarantee—Using the Regulation on Open Government Information as an Example” [知情权及其保障―以《政府信息公开条例》为例]. Chinese Legal Science [中国法学] 4 (2008): 145–156.
This article examines the guarantee of citizens’ right to know in China. While there is no express provision on such a right under the current Chinese Constitution, this article argues that apart from amending the Constitution, a possible constitutional basis for such a right can be derived through interpretation by the Standing Committee of the National People’s Congress. This article also analyzes the extent to which the OGI Regulations can guarantee citizens’ right to know.
Zhao, Zhengqun [赵正群]. “The Concept of the Right to Know and Its Preliminary Implementation in Our Country” [得知权理念及其在我国的初步实践]. Chinese Legal Science [中国法学] 2 (2001): 49–55.
This article gives an overview of the concept of the right to know and its development in western countries, and discusses several problems in the implementation of transparency of governance and e-government as a means to enhance citizens’ right to know in China.
Zheng, Lei. “Enacting and Implementing Open Government Information Regulations in China: Motivations and Barriers.” In Proceedings of the First International Conference on Theory and Practice of Electronic Governance, Macao, China, December 10–13, 2007, 117–120. New York: ACM, 2007.
This paper examines the political, economic, and administrative motivations for the enactment of the OGI Regulations. It then explores potential legal, political, administrative, social, and economic barriers for the implementation of the OGI Regulations. The paper further develops a conceptual framework to model the enactment and implementation of the OGI Regulations. The main method used in this exploratory study is qualitative content analysis of secondary data collected from various sources. The author applies the information asymmetry theory from the field of economics, the Principle Agent model, Galvin’s typology of information policy issues, and Rowland’s normative structure of information policy in the analysis.
Zhu, Qian [朱谦]. “The Inadequacies of the Right to Environmental Information and the Relevant Remedies” [环境知情权的缺失与补救]. Legal Science [法学] 6 (2005): 59–65.
Using the natural-gas well blowout accident that took place in Sichuan on December 23, 2003, as an example, this article analyzes the significance of the right to environmental information to the protection of citizens’ persons and property as well as public interests, and emphasizes the important role of the government’s environmental organs in disclosing environmental information. It also discusses the limitations on disclosure of environmental information.
Online Articles and Publications
Horsley, Jamie P. “China Adopts First Nationwide Open Government Information Regulations.”
This paper offers a detailed examination of the OGI Regulations, analyzing their inadequacies and providing recommendations for improvement.
Kolhammar, Jens. “The Open Government Information Regulation: Obstacles and Challenges.” China Elections and Governance, June 7, 2008.
This article highlights the defects in the OGI Regulations and the problems in implementing the Regulations from both public administrative and legal perspectives. It first points out that, instead of responding to citizens’ right to know, the Chinese government mainly views the OGI Regulations as “a tool for bureaucratic control.” The author then examines the difficulties in implementing the OGI Regulations from the perspective of public administration. Finally, the author criticizes the vagueness of the OGI Regulations, which leads to disparities in practical implementation.
Xu, Zhiyong [许志永]. “Comparing Information Openness in China and India” [中国和印度信息公开法律比较]. The Economic Observer Online [经济观察网], May 12, 2008.
Chinese and English
Sharing the same motives of responding to citizens’ requests for information and enhancing the transparency of government operations in order to fight corruption, India and China passed their first national OGI legislation in June 2005 and January 2007, respectively. This article offers a brief comparative study of India’s Right to Information Act and China’s OGI Regulations.
Yin, Jianguo [尹建国], and Chen Shi [陈实]. “How to Reconcile the Conflicts between Disclosure of Information and the Secrecy Law” [如何协调信息公开与保密法的冲突]. Procuratorial Daily [检察日报], July 14, 2008.
This article points out the conflicts between the OGI Regulations and state secrets laws, and proposes methods to reconcile those conflicts.
You, Chunliang, and Zhang Baoying [游春亮、张保英]. “Investigate the Implementation of the Regulation on Open Government Information: Subsidiaries of Central Government Departments Become ‘Dead Angles’” [政府信息公开条例实施调查：垂直部门成“死角”]. Chinanews Online Service [中国新闻网], May 11, 2008.
This article highlights the problems of government departments from various localities in preparing for the implementation of the OGI Regulations during the one-year period between the time of promulgation and the time of entry into force of the Regulations.