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On The Right To Know Of Citizen And The Building Of Rule By Law Government

Posted on:2009-05-04Degree:MasterType:Thesis
Country:ChinaCandidate:Z L HanFull Text:PDF
GTID:2166360245462362Subject:Marxist theory and ideological and political education
Abstract/Summary:PDF Full Text Request
The right to know as citizens of a modern society in fundamental human rights, It refers to the citizens, legal persons or other organizations in accordance with the law enjoyed by the official or unofficial to have access to the information available, the right to know. The rule of law government in a modern sense, the government, the rule of law in strict accordance with the principle of the operation of the Government, the source of all powers, the Government's operation and the conduct of the government are regulated by law and regulation. Government is to strictly limit the statutory powers within the government act to adhere to the law, is to safeguard their rights and freedoms as the end-result of the government. Many rights as a citizen the right to know the basis and the core, it is the rule of law based on the theory of building the rule of law is an important part of the building. Citizens have the right to know as a fundamental right of all countries in the world has long been generally accepted. But in our country, the citizens still lack the right to know laws, regulations, the protection of the rule by law which is in the process of a major loophole. Therefore, this paper is the relationship between the theoretical bases for the rule of law that citizens know the great significance of the building and on how to construct a more comprehensive legal protection for citizens the right to know the system of a number of ideas. The full text is divided into four parts of the exposition:The first part, and have the right to know the legal analysis discussed. First, the selection of the right to know, right to information in the foreign and domestic produce was analyzed. Although the concept of a right to know this has gone through hundreds of years of time, but in the history of our country but also for more than 30 years, until the late 1980s and the 20th century, the right to know the community and the government before the widespread concern; Secondly, the meaning of the right to information, through the concept of the right to know several different theories of the analysis, I have come to the understanding of the meaning of the right to know; Third, the right to be informed of the legal relationship between the right to know the subject, object and the contents of a comprehensive and systematic analysis; Then the analysis of the legal basis for the right to know, from the constitutional basis and based on the reality of the two areas were discussed; Finally, the analysis of the legal limits of the right to know, right to information and privacy from the line, and the limits of commercial secrets, state secrets and the limits of these three areas were analyzed.The second part discusses the citizens the right to know their rights and the rule of law can attribute the building of the Government intrinsically linked. First of all, the right to be informed of the right attributes, it is not only a fundamental human right, or a constitutional right, secondly, the Government of the characteristics of China's rule of law, to build our country by the rule of law should be a function of limited government, a code of conduct, the power of openness, being honest and trustworthy government; Once more , the combination of the first two points of analysis, the rule of law on the right to information and the building of the Government intrinsically linked. This not only reflects the power and right to know the inner links, but also embodies the rule of law and the right to know all the characteristics of the linkage between them. Finally, Analysis of the rule of law abroad through the construction and protection of citizens the right to know the coordinated development of experience and enlightenment.The third part, by the first and second part of the exposition, summed up the right to know of citizen the significance of building a law-based government. Because of the existence of the right to know the government authority to be restricted, so that the Government acts more standardized, so that the Government powers in the open, transparent operating environment. This also reflects the more the Government's objective of building the rule of law and the characteristics of the rule of law.So, in a nutshell for the building of a civic right to know the significance of the rule of law: protection of citizens the right to know it helps to standardize the Government to strengthen the Government's ability to govern according to law; guarantee citizens the right to know to monitor and prevent the abuse of government power; protect citizens have the right to know My Government to the construction of credibility; guarantee citizens the right to know is to resolve social contradictions of the new mechanism.The fourth part, has carried on the comprehensive elaboration and the analysis on Our country Government by law Government construction process to the citizen right to know legal regime's construction. First, has carried on the summary and the analysis to our country citizen right to know legal protection's present situation. Enumerated some concealments to stipulate the citizen right to know the legal document. Finally, elaborates how in the government by law government does construct in the advancement establishes the citizen right to know the law safeguard mechanism. Enters the constitution separately from the citizen right to know, how consummated safeguards the citizen right to know the legislative mechanism and to establish the citizen right to know right relief mechanism these three aspects to carry on the elaboration.
Keywords/Search Tags:The right to know, The rule of law government, Legislative mechanism, Relief mechanism
PDF Full Text Request
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