| Summary: | 碩士 === 東吳大學 === 法律學系 === 93 === This research is for the purpose of constructing our country's “ Freedom of Environmental Information System”. The legal foundation of our “Freedom of Government Information”at present is Section 44, 45 of Taiwan Administrative Procedural Act. It clear words: “ The information hold by government principle should be publicize, the example outside results in the limit. In addition, for the concrete application freedom of governmental information system, the Executive Yuan already formulates the “ Freedom of Governmental Information Act (Draft)”, right now carries on the political party by the Legislative Yuan to consult in the procedure, its legislation completes, is just round the corner. Besides common government information, freedom of environmental information is another important field, because it is very important in environment protection work, also the environmental information and the public welfare relations is close, compares other government information (for example finance and taxation information and so on) to tend to publicly; However our country not yet aims at "the environment information" for specially the legislation, this research's main foal is to fill this gap.
The “Freedom of Environmental Information System” in this article is means the government has duty to disclosure the environmental information which is in its hold. In traditional there are three goals of Freedom of Environmental Information System. First, to consciousness-raising and creation of awareness of the state of the environment. Second, to facilitate the participation in the environmental decision-making process. Third, to facilitate people judge the accountability of government and others as regards environmental protection. But it is also an important things: the Freedom of Environmental Information System is one of environmental regulation tools. The Freedom of Environmental Information System has support effect to traditional environmental regulation tools (ie., command and control regulation and economic instruments ).This research conclude that:
1. The definition of “environmental information” should be wider. According the Environmental Basic Law, the definition of environment only refer to environmental factors, not include human activities. It is too narrow. Because of the important effect to environment of human activities, this article assert to include human measures (including administrative measures), such as policies, legislation, plans, programmes, environmental agreements, and activities affecting or likely to affect the environment as well as measures or activities designed to protect the environment.
2. The people has duty to disclosure environmental information should include public utility. This is because of the public utility alway influence our country's environment.
3. The “Exemptions” means the situation which may limit the freedom of environmental information. This article divided Exemptions to four area: National Secret, Official Secret, Commercial Secret and Personal Privacy. This research assert that the emission/discharge information is the vital of environmental information, should not be exempt from disclosure. In addition, this article also think it is need to narrow the Exemption in the “Freedom of Government Information Act (Draft)”.
4. In appeal procedure, this article assert that in order to unify the appeal decision, should take the “Information Commissioner” system. The mission of Information Commission is to make Freedom of Information case decision and supervise the enforcement of all Freedom of Government Information System.
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