Renmin Chinese Law Review

Renmin Chinese Law Review

Selected Papers of The Jurist (法学家), Volume 3

Renmin Chinese Law Review: Selected Papers of The Jurist

Edited by Jichun Shi

Renmin Chinese Law Review, Volume 3 is the third work in a series of annual volumes on contemporary Chinese law, which bring together the work of recognized scholars from China, offering a window on current legal research in China. This book reflects the study of Chinese law and the reality of Chinese legality and society. Chapters address the developments of the Committee of Politics and Law of CPC, the new challenges China faces in anti-terrorism, the emerging P2P lending in China and the legislation of virtual property inheritance.

Chapter 2: The true meaning of ‘information-in-process’ based on a series of cases in Shanghai

Yang Dengfeng

Subjects: asian studies, asian law, law - academic, asian law

Abstract

The provision that ‘information-in-process is exempt’ is gradually becoming the third legal basis for exemption from disclosure for information held by the government. When applying this provision, information held by the government has usually been misunderstood as an administrative decision, and the process of information generation has been misunderstood as the process of making an administrative decision. Consequently, any information that is generated or obtained before administrative decisions have been made is regarded as information-in-process and thus exempt. However, information-in-process actually refers to information that does not have any use value because it is still in-the-making, informal and incomplete. The term emphasizes the status of information itself rather than the whole process of making the administrative decision. ‘In process’ does not relate to the nature of such kinds of exempt information and should be replaced by the term ‘in-the-making’.

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