“Feeling for Rocks While Crossing the River”: An Analysis of the Statutory Language of China's First Freedom of Information Law

Abstract

Abstract What is the outlook for expanded Open Government Information (OGI) rules in the Chinese legal system? Slow broadening through cautious testing, predicts Professor Tang. That country's national freedom of information law in some ways compares favorably to those in other countries, but it also has structural provisions that favor non-disclosure. This article compares China's initial “Academic Draft” of the OGI law with the final version as approved by the State Council. The latter is far more limited, apparently in order to avoid perceived threats to social stability. The author sees a “two steps forward, one step back” process towards a gradual increase in openness.