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政府信息公开的范围是《政府信息公开条例》实施与修改中的难点领域。公安机关刑事执法信息是否应该公开,条例规定非常明确,但司法判例中普遍认定不属于条例适用范围,产生误读现象,过程耐人寻味。立法规定被误读,原因在于混淆知情权制度与行政诉讼受案范围制度,陷入路径依赖,导致的后果是条例赖以支撑的基础被解构,出现各种错位。深入剖析误读与被误读的整个过程,对于更好推进我国法律实施具有很强的借鉴意义。
The scope of government information disclosure is a difficult area in the implementation and revision of the “Regulations Governing the Disclosure of Government Information.” Whether the public security organs’ criminal law enforcement information should be made public or not is very clear. However, it is generally recognized in judicial precedents that the law enforcement does not belong to the scope of the regulations, resulting in misreading and the process is intriguing. The legislative provisions are misread because the system of confusing the right to information with the system of receiving the administrative proceedings is caught in a path dependence. The consequence is that the basis upon which the Ordinance depends is deconstructed and misplaced. Profoundly analyzing the whole process of misreading and being misunderstood has a strong reference for promoting the implementation of our law.