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A Research On People’s Right To Exposure

Posted on:2012-12-02Degree:DoctorType:Dissertation
Country:ChinaCandidate:Z M LiFull Text:PDF
GTID:1226330344951988Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
This article selects the right to exposure, one of the critical fundamental civic right, as the subject of research. This article consists of three parts:preface, texts (5 chapters) and conclusion.Preface. In this part, the article states the reasons and the meaning of selecting right to exposure as the subject of research. With the theory of democratic constitution and politics, this article aims to comment on the status quo of right to exposure and find out the tendency of it.The texts includes five chapters. The first three chapters analysis the general theory of the right to exposure, and the last two ones go deep into the real operation of the right. In the end, the paper gives some advices on the the system construction of the riht to exposure in China.Chapter One:Theoretical Analysis of the Right to Exposure.This part analyzes the meaning,the theoretical principles,the values and functions of the right to exposure. The article holds that the right to exposure is a basic right between the citizen and the state.It is the right that Citizens have to make to relevant state organs complaints and charges against, or exposures of, violation of the law or dereliction of duty by any state organ or functionary. The right bases on the theories of People’s Sovereignty, check and balance and right to Resistance. It can assist to fight for human rights, promote democracy,keep a stable political atmosphere and harmonious society and fight against corruption.Chapter Two:Comparative Study of the Right to Exposure. Many states and regions have the systems to protect people’s right to exposure, such as Japan, America, Germany, Hong kong and so on. And there are this kind of systems from ancient China too. This part makes deep observation about these materials from a space-time point of view,and get some enlightenments for modem China.Chapter Three:The Content of the Right to Exposure. The content of the right to exposure is the rights and duties of the exposurers.It is very crucial to distribute the exposurers’s rights and duties.The article believes that the exposurers have the right of free choice to exposure, requesting for protection, obtaining compensation and reward,the right to know and some other rights. At the same time,they should undertake the duties of honest and trustworthy, following the law, providing assistance to the investigation,and keeping secrets.Chapter Four:The Basic Principles and Ways of Carrying Out the Right to Exposure. The article thinks that the exposurers should observe the basic principles of ethicality, objective reality, responsibility and efficiency when carrying out the right to exposure. The ways by which they carry out their right are mainly In-system and outside system ways.Chapter Five:The Perfection of Guarantee Systems of the Right to Exposure. Under the guide of Reinforcement Theory,the author gives some advices on the perfection of guarantee systems of the right to exposure,including the systems of protection,encouragement and relief.As to the protection, we should provide safe to the body and property.As to the encouragement,we should provide more kinds besides material reward.And as to the relief,we should set up more organs to take charge of the cases,and provide more ways for the exposurers to appeal to.Conclusion Creating the Conditions for the Implement of the Right to Exposure.In this part,the author analyzes the necessary conditions for the implement of the right to exposure, including the condition of law,culture and organization.As to the law condition,we should enact a special law dealing with exposure.As to the cultural condition,we should build a culture of respect and value the action of exposure.And as to the organizational condition, we should encourage the citizen to build more civic organization to give support to the exposurers.
Keywords/Search Tags:Reporting, Exposure, Right to Exposure, Reinforcement Theory
PDF Full Text Request
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