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Open Government Information Theory

Posted on:2006-01-30Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:1116360152988006Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Information globalization arises quietly and sweeps quickly the world with the development of the society and economy. Information and knowledge , which as indispensable as air and water to our world, will play a key role in information era. However, the value of information can only be realized when it flows. Namely, information's value will not be achieved until it is released to the public. As one kind of information, governmental information follows the role without any doubt. This dissertation, mainly on the publicity of governmental information, is composed of two parts: the theoretic basis for the information publicity and the institutions for the publicity. Legislative advices and opinions will be proposed at the end of the article. The article is structured with five chapters and a brief introduction. In the introduction, the subject is introduced. The study has three ends: establishing the theoretic basis for the publicity, analyzing and designing the publicity systems, and proposing legislative advices. In addition, the introduction also mentions the methodology used in this article and the logics of the structure. Economic analysis, comparison, induction and case study are fully employed in this article. In chapter 1, the basic conceptions are discussed and analyzing, such as the governmental information, the publicity of the governmental information and so on. The history of the governmental information publicity, the reasons for the initiation of the publicity, and the necessity and importance are also discussed theoretically and practically. In chapter 2, the theoretic bases are analyzed from the legal and economic perspectives. From the legal perspective, the publicity of the governmental information has it's own constitutional and jurisprudential foundation. The topics such as the right to know and the publicity, the right to understand and the publicity are also raised. From the administrative law perspective, from the latest development of the administrative law theory, and from the relationship between the value intention of administrative law and the publicity of the governmental information, this chapter discussed such topics as the service administration and the publicity, the changes of the administrative methods and the publicity. Combining the international and domestic situations on publicity with the latest development of the administrative law, this chapter draws the conclusion that the essence of governmental information publicity is the service-administration. The governmental information publicity is also founded on the international law basis. From the economics perspective, it also focuses on the economic basis for the publicity, which including the economic analysis on the formation and provision of the governmental information, systematic economics and the legal systems for the publicity, and the cost and efficiency analysis on the publicity. By way of the economic discussion, this article discusses the reasons why we should set up the publicity system and define a model for the publicity. Chapter 3 is about the principles of the governmental info-publicity, analyzing these principles' necessity. Seven principles are proposed in this dissertation: the principle of right, the principle of publicity, the principle of service, the principle of equality, the principle of convenience for the public, the principle of free use, and the principle of remedy. Chapter 4 is on the primary systems of info-publicity. Questions on the principal body, the scope, the procedure, the supervision and remedy are discussed. The article strives to construct the ideal model for the publicity institution. Chapter 5 focuses on the existing problems of information-publicity especially in the guideline, the ways of construction and practices . Info-Publicity is the straight way to realize citizen's rights to know and it also reflects the nature of service administration. The dissertation develops on above-mentioned thoughts.
Keywords/Search Tags:governmental information publicity, the right to know, the theoretic basis, the economic analysis, the principles, the basic systems, the service administration, the legislative advice, the systematic construction.
PDF Full Text Request
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