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Research On The Exception Of Opening Information By Government

Posted on:2008-01-02Degree:MasterType:Thesis
Country:ChinaCandidate:C X WangFull Text:PDF
GTID:2166360242993987Subject:Law
Abstract/Summary:PDF Full Text Request
Government is actively promoting Opened-information Project. The bound and content of what to be open to the public is the core of the research on Opened-information, and the exception of which is difficulty. A precise definition of such exception is an indispensable part of Open-information System of government.The basis of the theory of the Exception is the limitation to the right of knowing very information. Although the right of knowing very information is a citizen's important fundamental right, it is not absolute. The reason why the laws restrict the right of knowing very information is to protect the right, at same time, to avoid damaging other rights or interests.On constructing system of Open-information of government, there are still many issues that must be resolved. Constitution,Secrecy laws and Archives laws still needed to be improved. Studying the Exception system of Open-information in foreign countries is helpful for us. From the design of external environment, the choice of model legislation and specific definition of content of the exception, this paper attempts to express my own opinion and thoughts. The construction of external environment is mainly explained in three levels, including Constitution, the law and the ideas of government. First, it is necessary to identify the principle. Second, we must have a clear exception, which means to strictly limited "not open to exceptions", thus the value of "open to the principle of" can be really played. Third, we must improve the process. Only to improve the scientific process, the Open-information and the exception systems of government will be effective. Fourth, we must perfect relief. Any right has the necessary relief measures. The last but not the least, one of the biggest problems on the exception of our government Opened-information system is that the rule of it is not required and immeasurable. So I end up with discussing the specific implications of state secrets, personal privacy, trade secrets and other exceptions.
Keywords/Search Tags:The exception of opening government's information, Limitation to the right of being in know, Designing of system
PDF Full Text Request
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