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On The Legal Protection Of People's Right To Know

Posted on:2010-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:D DongFull Text:PDF
GTID:2166360278473228Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The contemporary Constitutional states have acknowledged the view of democratic rights and guaranteed their people to participate efficiently the process of making decisions and management by perfecting the legal system. The prerequisite for the people who have the sovereignty to manage the state by the representatives chosen by them is that they must be informed fully of the information related to the management of the state. Otherwise the people can not take part in the management of state really, which makes the achievement of the sovereignty of the people become buncombe.Therefore, the right of being informed is the prerequisite for the principle of sovereignty of people. Only by obtaining the related information fully can the people participate the democratic politics effectively. The more developed the democracy is and the more sound the legal system is, the better the state guarantee their people's right of being informed.However, the present legal protection for the people's right to know is not so complete. A lot of defects existed in the construction of the legal system which guarantees the achievement of the people's right to know. As a result, the article begins with the basic problem of the right to know and introduce the current situation of legal protection for the right to know in the foreign countries. It analyzes the existed problem in combination with the present internal situation of such protection. On this basis, several suggestions for the construction of our legal system to protect the people's right to know are proposed. The whole article includes four parts besides the preface and the epilogue.Part one: the characteristics of the fundamental rights are analyzed in accordance with the necessity and possibility of making the right to know become the fundamental right, which provide the theoretical basis for making the right to know become constitutional and for the construction of the legal protection of the right to know.Part two: The artical cards and summarizes the situation of legal protection of the foreign countries, spatially the United States in the purpose of providing useful suggestions for the construction of our legal protection for the right to know.Pare three: the article sets forth the situation of the legal protection for the right to know in our country. On the basis of the comparison with the protection situation in foreign countries, the problems which must be corrected in the construction of the legal system for the right to know are revealed.Part four: the suggestions for the legal protection of the people's right to know are proposed: on the basis of making the right to know become constitutional and clarifying the limits of the right to know, we must comply with the principle of equal benefits and perfect the related legislation for the protection of the right to know.
Keywords/Search Tags:the right to know, fundamental right, legal system protection
PDF Full Text Request
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