The Construction of Public Participation System in the Process of Governmental Information Disclosure

Public participation is the realization form of deliberative democracy and the important content of modern democratic theory and practice.The implementation of governmental information disclosure,especially the determination of the scope and issues to governmental information is related to the protection of fundamental rights such as the right to information,privacy and the realization of public interest and their mutual balance.The introduction of public participation in the process of governmental information disclosure is not only necessary to protect the fundamental rights of citizens,but also necessary to reasonable account on the public interest.However,after studying the Ordinance on Governmental Information Disclosure,we can see that public participation system in the process of governmental information disclosure is at the absence.To implement the theory of participatory democracy and the requirements of the principles of due process,we should establish the public participation system in the process of governmental information disclosure.The specific institutional framework should include: establishment of public hearing on governmental information disclosure;setting up inde-pendent scrutiny and advisory body for governmental information disclosure.