The Jurisprudent Thinking Of The Government In Sunshine's Base

With the worldwide political crisis and the human right's revolution, the concept of government in sunshine commenced, which was a new and developing law theory and institution on government. The government in sunshine emphases the open and transparent conduct, and the nature is the self-limit of power and the limit of right against to power realizing by the social supervision. Establishing the government in sunshine is a course full of interest struggle and all kinds of challenges, which can not happen without a series of certain conditions. Constitutional and democratic tradition submit hard essence in idea to the establishment. The right-controlling function of the government in sunshine works not only depending on what the government does but also depending on the attendance of the public, so it isn't singly a problem of the construction of institution, otherwise, the function and the social effect can not come true completely. Civil society is the social base of the government in sunshine, therefore, where there is no civil society, there is no motive and ground to establish the government in sunshine. The establishment requires some express in law institution, i.e. the citizen's right to know. The citizen's right to know answers the idea base of the government in sunshine and becomes the right base of the latter, which assures the attendance of the public force.The establishment of the government in sunshine in China is necessary for it's the due way to the democratic and constitutionalism state. Based upon the theoretical analysis on the base of establishing the government in sunshine, the article tries to suggest some institutional policies according to Chinese reality.