Study On The Legalization Of Freedom Of Governmental Information

There is no denying the fact that the freedom of governmental information is the inexorable trend in the course of the democratization and legal systematization. It is the common approach to regulate the freedom of governmental information by law. The level of it is becoming an important standard to value the process of a country's democratic system. Systematic legislations have been enacted in many western countries .In addition, a few country have made an outstanding study.For the study of freedom of governmental information in Chinese, however, there are still many problems on the issue .For example, the concept of freedom of governmental information, the foundation in theory, the value and function. Different scholars have different opinions on it. Some were not studied deeply.In the paper, the author uses the comparative methods to study the issues from the point of view of the legal science. Political science and social science and study the basic theory and other countries' legislation about the freedom of governmental information. There are three parts in the total. In the chapter one, the author argues that the social background about the freedom of governmental information might be divided three aspects, ie. political background, economic backgrounds and administrative law background. The author also considers that the foundation in theory about it could contain four aspects. They are the foundation in jurisprudence constitutionalism foundation, political foundation and administrative foundation. The author asserted that the value of freedom of governmental informationis to control administrative power, enhance the administrative efficiency and fulfill the democracy. In chapter two, the author compare the main body and limits the basic procedure the legal responsibility and remedy system. In chapter three, the author draw out the conclusion through analyzing the challenge and opportunity the Chinese government, the real foundation about the freedom of government information and deficiency in Chinese and put out the theoretic conception to improve the Chinese freedom of governmental information.