Research On The Constitutional Safeguarding Of The Right To Know

The right to know is one of basic human rights in the society of the rule of law in the present age. That the deep of perfection of the safeguarding systems of the right to know of one country directly reflects the state of construction and human rights of its. The confirmation of the right to know is the history trend of construction systems. But in our country, the research on the theories of the right to know is not mature, and the laws and rules of the right to know are also not perfect. In addition, the behaviors of offending against the right to know exist in the reality, which can't be legal punished fully and effectively. All these lead to the result that the right to know in our country can't be protected finely. This article tries to analyze systematically four important aspects of the right to know: the first aspect is the basic theories of the right to Know; the second aspect is the history development of protecting the Right to know in foreign countries and the meaning that we can draw lessons from it; the third aspect is the present condition analysis of the safeguarding of the right to know in China; the last aspect is the constitutional government considers of the safeguarding of the right to know in our country. The Conclusion from the above is that we should establish the independent place of the right to know in our constitutional law, and perfect the series of systems of law to protect this basic human right; At the same time, the constitutional government system, especially the administration opens' system,must be enhanced; the restrict between the right to know and keeping the national secrets or the private right should be divided clarity; Most importantly, the constitutional litigation system must be established as the ultimate judicial protection for the right to know.