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Research On Government Information Publicity Relief System Of Our Country

Posted on:2012-07-31Degree:MasterType:Thesis
Country:ChinaCandidate:N FanFull Text:PDF
GTID:2166330332995505Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Along with market economy development, network technology promotion, information resource has become an important element in our life, is a perfect oneself in an effective way. So one of the important issues in modern society is how to promote the circulation of information so that information can be applicable to maximize efficiency. And in all the information in the largest proportion of government information occupy, and the government has become the largest information owner and controllers, government information obtained became citizens of private right and government public power game, set up a government leverage information openness system is very important. Currently, the United States, Japan, England, Korea, Thailand, more than 40 countries established government information publicity method, the government enacted complete information openness system has become an indispensable to establish a democratic country under the rule of the component. Although our country government information publicity legislation startting evening, but after the SARS epidemic, wenchuan earthquake populace to major events of governmental information publicity after the establishment of the system has greatly enthusiasm, on May 1, 2008 promulgated for implementation of the People's Republic of China of governmental information publicity statute pulled open our government information openness system prologue.No relief, no rights, relief system is not only the publicity of government information, guarantee, and is the information openness system indispensable part. Because our country government information openness system development course is relatively short so regardless in legal theory level or in concrete system designs, there is a lot of deficiency in this paper, based on the disclosure of government information system development of research on Britain, the United States, Japan and other countries the deep understanding of the related system, through comparative study method, the main national government information publicity relief system are discussed and summarized, and find for our reference. Pass to our country government information publicity relief system status, characteristics and the implementation problem summary, puts forward a set of suitable for China's characteristic of government information publicity relief concept. Hope for China's government information publicity relief system plays a certain role of perfect. Full text is divided into four parts were discussed.The first part of the "government information publicity relief system overview", from the government information openness system, expounds the historical evolution of the disclosure of government information relief system definition, analyzing its future development direction. The major countries of the world through the examples of governmental information publicity method in the world today, define the disclosure of government information system development present situation. This part of our government emphasis on the development of information openness system, which can be divided into government information openness system "missing phase", "embryonic stage" and "development stage".The second part of "foreign government information publicity relief system revelation", our country government information openness system startting evening, relevant laws foundation weak reality experience lacks; To use for reference foreign related experience is particularly important. The author selected the Japan, Britain, the United States as reference material in the three countries, the most distinctive government information openness system introduced in detail, including Japan's "information review", Britain's "information of the" and the United States "information publicly litigation".Part iii "our government information publicity relief system," the existing problems in this part of the author further elaborated on China's government information publicity relief in legal theory, practice problems, mainly including: "legal basis to the lack of government information publicity relief after insufficient" and "administrative remedy deficiencies", "judicial remedy defects" and "information openness in the existing national compensation mechanism for relief of the" four embarrassing. As one of the key to the analysis of the existing problems in system after propose solutions is the premise of text. The fourth part of the "perfect our country government information publicity relief system" is the key, the author in this paper are introduced and analyzed three parts before, on the basis of experience abroad, based on the condition of a country, puts forward the government information publicity relief system a set of Suggestions. Mainly includes "establish a complete government information publicity relief legal system", "rationalizing the government information publicity administrative review and administrative litigation's relationship" and "perfect judicial relief measures" and "perfect state compensation related system".
Keywords/Search Tags:government information publicity relief system, right, administrative proceedings, administrative reconsideration
PDF Full Text Request
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