In March 2020, Li Shouguo, a resident of Baoshan Street in Licheng District, Jinan City, submitted an application for information disclosure to his street, and after several twists and turns, he received a fee notice issued by the street on October 23, 2021, which showed that the street had already processed the materials he applied for disclosure, but needed to pay an "information processing fee" of 154,700 yuan to obtain it. Previously, the people's government of Licheng District of Jinan City, the superior unit of Baoshan Street, had twice urged Baoshan Street to perform the administrative reconsideration decision on information disclosure, and determined that the information requested by Li Shouguo was government information that the street should have actively disclosed.
Li Shouguo told reporters that on March 24, 2020, he submitted an application for information disclosure to Baoshan Subdistrict, requesting the disclosure of the supplementary agreement on demolition and resettlement compensation signed by all the demolition and resettlement households in Xiliang Wang'er Village, where he was located, and some other relevant documents. He received a response in early April, and the street refused to disclose the information he had applied for. In July, he appealed to the Licheng District Government for administrative reconsideration, which demanded that the street make a new reply according to law. Li Shouguo waited at home for half a year without waiting for the result, so in February 2021 he submitted an application to the district government to supervise the disclosure of information. On February 5, the administrative reconsideration office of the district government issued a notice to the street to supervise the implementation. On March 22, Li Shouguo received a new public information reply from the street, but the scope of disclosure was far less than he had requested. "I asked to see the supplementary agreement on demolition compensation for the whole village, which should be more than 600 households, but the street only showed me 8 households, and the reason why the street did not disclose all the information to me was that the number of requests for disclosure exceeded the reasonable range." Li Shouguo said.
In October 2021, the Administrative Reconsideration Office of Licheng District issued the Notice on Re-urging the Baoshan Subdistrict Office to Perform the Administrative Reconsideration Decision of the People's Government of Licheng District of Jinan City as soon as possible to the Baoshan Subdistrict Office. On October 23, Li Shouguo received a fee notice from the Baoshan Street Office, which showed that the street could disclose all the information required by Li Shouguo, but all the materials needed to be copied for about 4,000 pages, so Li Shouguo had to pay an information processing fee of 154,700 yuan to the Baoshan Street unit account first, obtain the information based on the remittance basis, and issue financial bills for it.
In the notice of charging, Baoshan Street clarified the basis for charging and the method of calculating the fee.
Fees are charged in accordance with article 42 of the Open Government Information Regulations of the People's Republic of China: Administrative organs shall provide government information upon application and shall not collect fees. However, where the number or frequency of applicants' applications for disclosure of government information clearly exceeds a reasonable range, the administrative organ may collect information processing fees. And article 2 of the Measures for the Administration of Fees for the Handling of Open Government Information: "Information processing fees" as used in these Measures refers to fees charged to applicants who apply for disclosure of government information in excess of a certain amount or frequency in order to effectively regulate the conduct of open government information applications and guide applicants to reasonably exercise their rights.
The fee is calculated in accordance with articles 3 and 5 of the Measures for the Administration of Fees for the Handling of Open Government Information. The reporter consulted the "Measures", article 5 stipulates the charging standard according to the quantity, specifically for those below 30 pages (including 30 pages), no fee; 31-100 pages (including 100 pages) part, 10 yuan / page; 101-200 pages (including 200 pages) part, 20 yuan / page; more than 201 pages, 40 yuan / page. Based on 4,000 pages of public information, the total price is just 154,700 yuan. At the same time, Baoshan Street indicates that according to the actual number of pages, more refunds and less supplements.
From the basis of the fee, it can be seen that Baoshan Street included Li Shouguo's application for information disclosure in the category of "obviously exceeding the reasonable range", so it charged him.
On October 25 and 26, the reporter repeatedly called the telephone number of the party and government office of the Baoshan office left on the notice of charges, but it was busy or unanswered. On the afternoon of October 26, the reporter dialed the phone of the secretary of the Party Working Committee surnamed Chen of Baoshan Street, and the other party answered the phone and said that he was in a meeting, did not know the matter, and then hung up the phone.
Li Shouguo told reporters that the reason why he wanted to see the village's demolition compensation agreement was because the demolition compensation given to him was lower than that of other families, nearly 2,000 yuan per square meter, so he filed a lawsuit and wanted to obtain the compensation agreement of the whole village and submit it as evidence. Baoshan Street is the main body of demolition and holds all the demolition compensation agreements, but Li Shouguo learned after consulting a lawyer that the 8 demolition compensation agreements given to him by the street are not very convincing as evidence, so he insisted on making all the demolition compensation agreements public, but he did not expect it to be so difficult.
An administrative law expert told reporters that the compensation and resettlement agreement and housing survey within the scope of expropriation and demolition should be actively published by the demolition unit, and do not involve personal privacy or commercial secrets, so what Li Shouguo requires is within the scope of his reasonable right to know, and does not belong to the situation of "obviously exceeding the reasonable range". Moreover, the Licheng District Government, the superior organ of the street, has twice urged Baoshan Street to perform the administrative reconsideration decision of the district government, which further explains the reasonableness of Li Shouguo's application, so the street should not charge the applicant a fee.
For the way of information disclosure, the administrative law expert said that there are many ways, you should choose the most suitable one, "paper copying is not the only way, in other provinces and cities, similar information disclosure has a variety of methods, such as some cities in the south will do a special web page, all levy people can view all the collection information on the web page, and then for example, I know that Jiangsu has a case of applying for information disclosure, involving more than 2,000 households Of information the government has provided, and also provides computers to help applicants query information." ”
In the notice of fee collection, Baoshan Street also informed the street that according to article 6 of the Measures for the Administration of Fees for the Handling of Open Government Information Information, part of the provision of this provision is that "the applicant shall pay the fee within 20 working days from the day after receiving the notice of collection, and those who fail to pay after the deadline shall be deemed to have abandoned the application, and the administrative organ shall no longer handle the open government information application." In other words, if Li Shouguo does not pay 154,700 yuan within 20 working days, it is deemed to have abandoned the application, and the street will not process his same application in the future. In this regard, Li Shouguo said that he would not pay this money, and if the street really saw that he had given up, he would continue to apply for information disclosure from other channels.
Jinyun news reporter Gu Mingjun
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