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A Study On The Administrative Information Disclosure

Posted on:2016-08-17Degree:DoctorType:Dissertation
Country:ChinaCandidate:J Y HuangFull Text:PDF
GTID:1226330467994687Subject:Constitution and Administrative Law
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Administrative information disclosure’s rule of law includes many contents.The writer first presents the basic content of administrative information disclosure’s.Administrative information disclosure refers to subject of the administrativeproviding information to the public. The scope of providing information includesabstract administrative act, the specific administrative act and other administrativeinformation. The theoretical basis of administrative information disclosure’s includethe sovereignty of people, human right, balance theory and others. The principle ofadministrative information disclosure’s include make public, right, and free use. Thewriter also states the other basic contents of administrative information disclosure’sand important significance of administrative information disclosure’s in theharmonious society.On the basis of the contents of administrative information disclosure’s rule oflaw, writer presents the rule of track and the change of concept of administrativeinformation disclosure’s. The writer presents foreign and Chinese administrativeinformation disclosure’s track from ancient to modern times. The law ofdevelopment of administrative information disclosure’s include political legitimacy,institution norm’s guarantee, push forward of subject of the administrative,development of democracy and rights’ mentality. The reasons of the rule of trackand the change of concept of administrative information disclosure’s include theconstruction of the law, administrative reforms, market economy, join WTO andcultural reasons.Legal status of foreign administrative information disclosure’s rule of law isvery important.The writer presents four country’s legal status of administrativeinformation disclosure’s. They are the United States of America, the UnitedKingdom, Japan and Russia. The United States of America’s administrative information disclosure’s rule of the law is the most developed country in the word.The track of the United Kingdom’s administrative information disclosure’s rule ofthe law is from mystification to the rule of law. Japanese administrative informationdisclosure’s rule of law has special significance. Russian status of administrativeinformation disclosure’s rule of law also has special significance because of itshistory of socialist.On the basis of these analysis, the writer presents Chinese status ofadministrative information disclosure’s. This chapter presents mainly achievementsand problems. On the one hand, Chinese status of administrative informationdisclosure’s has much achievements and problems. Achievements includeestablishment and perfect of the news spokesman system and the governmentwebsite and others. On the other hand, Chinese status of administrative informationdisclosure’s also has many problems and deficiency, mainly include lack of rightsconsciousness of subject of administrative, arbitrariness of information ofdisclosure’s of subject of administrative, lack of authenticity and timeliness ofinformation of disclosure’s of subject of administrative and others. Restrictingfactors of information of disclosure’s of subject of administrative include degree ofdevelopment of democracy and the rule of the law, consciousness of the officialstandard and privilege.On the analysis of Chinese status of administrative information disclosure’s, thewriter presents innovation and integration of Chinese administrative informationdisclosure’s. Firstly, the legislative mode need integration and promote legal order oflaw of administrative information disclosure’s, coordinate according law andintegration of Secrecy Law and The Archives Law. Secondly, establishment ofinteractive mechanism of subject administrative information disclosure’s and thepublic of active of administrative information disclosure’s. Thirdly, establish specialsupervision mechanism of administrative information disclosure’s. Fourthly,innovation and integration of judicial review of the court of administrativeinformation disclosure’s. Fifthly, promote supervision by the public, especially network supervision of administrative information disclosure’s. Sixthly, innovationand integration of the law of administrative information disclosure’s,especially theaccountability system.Right relief of administrative information disclosure’s is very important. Lackright relief of administrative information disclosure’s goes against to protect of thepublic’s right to know. The writer presents many foreign achievement of right reliefof administrative information disclosure’s. Chinese right relief of administrativeinformation disclosure’s includes appeal, the administrative reconsideration andadministrative proceedings. The administrative reconsideration of administrativeinformation disclosure’s has many problems, administrative reconsideration ofadministrative information disclosure’s and other administrative reconsideration hasmuch inharmonious problems. So, the writer mainly presents administrativeproceedings of administrative information disclosure’s. Administrative proceedingsof administrative information disclosure’s has much important significance.The writer mainly presents actions characteristics, legal basis, types of litigation,burden of proof, court review, verdict form and administrative compensation ofadministrative proceedings of administrative information disclosure’s. The rightrelief of administrative information disclosure’s, especially administrativeproceedings of administrative information disclosure’s is very important to thepublic’s right to know and its realization.There are many effort of highlight of the spirit of the rule of law ofadministrative information disclosure’s. This process need much debugging, trial,innovation and integration of Chinese administrative information disclosure’s. Fromscope of administrative information disclosure’s to track of administrativeinformation disclosure’s, from foreign status of the rule of law of administrativeinformation disclosure’s to Chinese the status of the rule of law of administrativeinformation disclosure’s, from innovation and integration of administrativeinformation disclosure’s to administrative proceedings of administrative informationdisclosure’s, its right relief,they present obviously systematic. The writer wants to present status and find problems and solve these problems, at least, show clearly thedirection of innovation and integration of administrative information disclosure’s,these trial are all necessary.We must make clear that there are many task to do in the system administrativeinformation disclosure’s.We need patience, confidence, determination and hard effort.We must work together. A bright future with the road twists and turns...
Keywords/Search Tags:Administrative Information Disclosure, Rule of Law, The Right to Know, RightRelief
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