Perspective | Judicial Application of the "Special Provisions" Clause in Item (7) of Article 36 of the "Government Information Disclosure Regulations"
Published:
2025-07-01
Article 36, Paragraph (7) of the Regulations of the People’s Republic of China on the Public Disclosure of Government Information stipulates: For information requested for disclosure that belongs to industrial and commercial, real estate registration data, etc., where relevant laws and administrative regulations have special provisions on the acquisition of information, the applicant shall be informed to handle it in accordance with the relevant laws and administrative regulations. According to this provision, in practice, there is no major dispute regarding the disclosure of information involving industrial and commercial, real estate registration data. However, in addition to the two types of data clearly specified in this provision, what other data belongs to the “special provisions” in this provision? This article aims to summarize the types of information that may fall under the scope of “special provisions” in this article, combining specific provisions and relevant cases.
Article 36, Paragraph (7) of the "Regulations of the People's Republic of China on the Public Disclosure of Government Information" stipulates: If the information requested for disclosure is business registration information, real estate registration information, etc., and relevant laws and administrative regulations have special provisions on obtaining the information, the applicant shall be informed to handle it in accordance with the relevant laws and administrative regulations. According to this provision, in practice, there is no major dispute regarding the application for disclosure of information involving business registration and real estate registration information. However, in addition to the two types of information clearly stipulated in this provision, what other information belongs to the "special provisions" in this provision? This article aims to summarize the types of information that may fall under the scope of "special provisions" in this clause, combining specific provisions and relevant cases.
I. Business Information
According to the Management Measures for the Archives of Business Entity Registration , Article 19 stipulates that relevant national agency personnel who need to query information for work purposes must query with an official letter or document and work certificate; citizens, legal persons, and other organizations who need to query can query according to Articles 20 and 21 of the "Management Measures for the Archives of Business Entity Registration". If the information applied for by the applicant for government information disclosure involves business information, the applicant can be informed to query according to the relevant laws and regulations such as the "Management Measures for the Archives of Business Entity Registration".
II. Real Estate Registration Information
Article 27 of the "Interim Regulations on Real Estate Registration" clearly stipulates that right holders and interested parties may legally query and copy real estate registration information. Detailed Rules for the Implementation of the Interim Regulations on Real Estate Registration Article 98 lists the materials that right holders and interested parties should submit when querying and copying real estate registration information. Chapters 3 and 4 of the "Interim Measures for Querying Real Estate Registration Information" clearly stipulate the materials for querying by right holders and interested parties. If the information applied for by the applicant for government information disclosure involves real estate registration information, the applicant can be informed to query according to the aforementioned legal provisions.
III. Household Registration Information
The "Interpretation of the Office of Government Information and Public Affairs of the State Council's General Office on Clarifying the Boundary between Government Information Disclosure and Business Inquiry Matters " clearly stipulates that household registration information inquiries belong to business inquiry matters in specific administrative management fields, and their legal basis, procedures, and legal consequences are fundamentally different from the government information disclosure behavior adjusted by the "Regulations on the Public Disclosure of Government Information". Therefore, for applications involving household registration information, it is generally believed that they should be obtained through special business inquiry channels, rather than the application disclosure procedure of the "Regulations on the Public Disclosure of Government Information".
IV. Marriage Registration Information
According to Marriage Registration According to Article 15 of the "Management Measures for Marriage Registration Archives", parties, courts, procuratorates, other units, organizations, and individuals can all consult marriage registration information under certain conditions. Based on case retrieval, there are two common response methods in practice for government information disclosure applications regarding marriage registration information. One is to inform that marriage registration information involves personal privacy, such as (2020)豫1623行初21号; the other is to inform the applicant to query according to relevant regulations, such as (2016)桂1322行初2号. Although both methods have cases supported by the court, based on Article 36, Paragraph (7) of the "Regulations on the Public Disclosure of Government Information" and the specific regulations on querying marriage registration information, the applicant can be clearly guided in the notification letter to handle the query according to the "Management Measures for Marriage Registration Archives" and other regulations.
V. Letters and Visits Information
The current valid "Regulations on Letters and Visits Work", Article 18, Paragraph 1, "All levels of organs and units should publicly announce relevant matters such as online letters and visits channels, mailing addresses, consultation and complaint telephone numbers, time and location of letters and visits reception, methods for querying the progress and results of handling letters and visits matters, etc., and publish relevant party regulations and laws, regulations, and rules related to letters and visits work, procedures for handling letters and visits matters, and other relevant matters to facilitate applicants at their letters and visits reception venues or websites", and Article 21, Paragraph 2, "All levels of organs and units should promptly enter letters and visits matters into the letters and visits information system, so that online letters and visits, letters, visits, and calls can be circulated online, facilitating applicants to query and evaluate the handling of letters and visits matters", stipulates that letters and visits information can be queried. Compared with the now-invalid "Regulations on Letters and Visits", although the specific methods for querying letters and visits information have been deleted from the current legal provisions, the provision that letters and visits information can be queried is still retained. Therefore, combined with the following cases, letters and visits information is considered to be within the scope of "special provisions".
Case (2018)最高法行申3684号 first determined that the information formed during the process of handling letters and visits belongs to government information; secondly, the court cited the "Regulations on Letters and Visits", believing that the regulations stipulate the method for applicants to query relevant information during the process of handling letters and visits matters. Therefore, citizens, legal persons, or other organizations applying to obtain relevant information from administrative organs during the process of handling letters and visits should handle it according to the relevant provisions of the special law that regulates relevant behaviors in the field of letters and visits. Cases (2022)京行申22号, (2020)皖行终1072号, and (2019)鲁行申958号 all hold this view.
VI. Administrative Reconsideration Case Files Information
According to Article 47 of the "Administrative Reconsideration Law of the People's Republic of China" (2023 revision, currently valid), "During the administrative reconsideration period, applicants, third parties, and their entrusted agents may consult and copy the written reply submitted by the applicant, the evidence and basis for making the administrative act, and other relevant materials in accordance with the regulations. Except for situations involving state secrets, trade secrets, personal privacy, or those that may endanger national security, public security, or social stability, the administrative reconsideration agency should agree". During the administrative reconsideration period, there are clear regulations on consulting relevant government information. Therefore, for applications for government information disclosure during the administrative reconsideration period, applicants can be informed to query according to relevant regulations. However, if it is not during the administrative reconsideration period, there seems to be no clear regulation.
According to Article 2, Paragraph (4) of the "Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases on Government Information Disclosure" (repealed), "If the parties and interested parties in administrative procedures apply to review case files under the name of government information disclosure, the administrative organ shall inform them to handle it according to the relevant laws and regulations", when faced with such applications, as long as the government organ informs the applicant to review according to the relevant laws and regulations, the court generally will not accept such cases, such as cases (2023)最高法行申1818号, (2023)最高法行申1819号, (2024)鲁行申1812号, and (2017)京行终4748号.
However, since the aforementioned provision has been repealed, and the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Administrative Cases on Government Information Disclosure" (Interpretation No. [2025] 8) implemented on June 1, 2025, no longer has the same or similar provisions, how should the government organ respond after receiving such an application for information disclosure after the administrative reconsideration procedure is concluded?
In case (2016)最高法行申2839号, the Supreme Court held that: According to the provisions of current legal norms, the right to apply for government information disclosure and the right to review case files are two different ways to guarantee the right of the parties to know, and are respectively adjusted by government information disclosure legislation and other special legislation...Since the current "Administrative Reconsideration Law" and "Implementation Regulations of the Administrative Reconsideration Law of the People's Republic of China" do not clearly stipulate that administrative reconsideration applicants can still apply to review case files after the administrative reconsideration procedure is concluded. Therefore, in order to protect the right of administrative reconsideration applicants to know, after the administrative reconsideration procedure is concluded, administrative reconsideration applicants can still review the relevant information recorded in the case files by applying for information disclosure according to the provisions of the "Regulations on the Public Disclosure of Government Information".
In light of this case, the current "Administrative Reconsideration Law" and "Implementation Regulations of the Administrative Reconsideration Law" do not stipulate the right of the applicant to review the case files after the conclusion of the administrative reconsideration procedure. Therefore, it is suggested that, with reference to this case, after the conclusion of the administrative reconsideration procedure, if the applicant applies for information disclosure, the relevant entity of the administrative reconsideration can disclose the relevant information recorded in the administrative reconsideration case files.
However, how should it be handled if the applicant for disclosure of the relevant information recorded in the administrative reconsideration case files is not the relevant entity of the administrative reconsideration? Since the current "Government Information Disclosure Regulations" has deleted the relevant provisions on "special needs for production, life, and scientific research", it is no longer possible to reply that the information is irrelevant to the applicant. The No. 8 Interpretation of 2025 does not include the situation of "informing them to handle it according to relevant laws and regulations", and since the implementation of Interpretation No. 8 of 2025, no such cases have been found. Considering Administrative Reconsideration Case Files may involve the legitimate rights and interests of third parties. According to Article 15 of the "Government Information Disclosure Regulations", "Government information involving trade secrets, personal privacy, etc., whose disclosure would harm the legitimate rights and interests of third parties, shall not be disclosed by administrative organs. However, if the third party agrees to disclosure or the administrative organ deems that non-disclosure would have a significant impact on public interests, it shall be disclosed." Therefore, after soliciting the opinions of third parties, it is reasonable to reply on a case-by-case basis.
VII. Conclusion
The core of the government information disclosure system lies in balancing the public's right to know and the efficiency of administrative management, and the type of information with "special provisions" precisely reflects this balance. By reviewing the special provisions in the fields of industrial and commercial registration, real estate, household registration, letters and visits, marriage registration, and administrative reconsideration case files, it can be seen that the law has set special procedures for obtaining specific information to avoid confusion between information disclosure applications and administrative business inquiries. It should be specifically stated that this article is only an induction based on current legislation and judicial practice. Other types of information with "special provisions" or exceptions may exist in actual work, so administrative organs need to make a comprehensive judgment based on the content of the application.
In practice, applicants for information disclosure can directly query the target information based on special provisions, which can reduce the waste of administrative resources caused by incorrect application channels and obtain the required materials faster. Moreover, obtaining information through special procedures can effectively prevent the abuse of information and balance information disclosure and privacy protection. As the subject of information disclosure, administrative organs should accurately grasp the application logic of Article 36, paragraph (7) of the "Government Information Disclosure Regulations": If there are special legal provisions for obtaining information, the applicant should be guided to handle it according to the special procedure; if the special law does not clearly stipulate (such as the inquiry of case files after the conclusion of the reconsideration), it should return to the general provisions of the "Government Information Disclosure Regulations" and carefully handle it in combination with public interests and the rights and interests of third parties.
In the future, with the introduction of new regulations and the development of judicial practice, the scope of "special provisions" may be further expanded. It is recommended that administrative organs pay attention to updates in legislation and precedents to ensure that their replies are legal.
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