Research On The Publicity Of Government Information System In China

The government information public is the modern democracy of the government by law important content, Implements the government information publicly is the worldwide basis tendency, following in 2007 "The government of the People's Republic of China Information Public Rule" promulgation and implementation, Although our country's government information public work has made some progresses, but still had the deficiency. This article mainly uses the apply theory to reality and the comparison research method to carried on the thorough analysis to our country's government information public system's problem and the question origin, then proposed the perfect countermeasure.The article includes four parts, as follows:The first section is my overview about the basic theory of government information public. First, the discussion of government information and open content. For government information and open content, academia has not yet formed a unified opinion. The paper first illustrates the information, the meaning of government information, on this basis, a comprehensive government information for today's academic content of a representative of several ideas put forward their own government information disclosure content understanding. Next, the author of the theoretical basis of the government information disclosure conducted in-depth analysis. The author believes that the open system of government information supporting the theoretical basis for three main aspects: First, doctrine of popular sovereignty. Sovereignty of the people refers to all the rights of the country comes from the people, belongs to the people, the executive power of the executive organ of the people. The Government to disclose public information in its possession is not a manifestation of government power, but the government should conscientiously carry out the most fundamental obligations and responsibilities. Second, is the people's right to know. According to "The People's Republic of China Constitution," the people of state organs and staff supervision, and the right to information is a prerequisite for realizing the people's supervision and foundation. Third, the administrative control of the right theory. Administrative control rights are the theoretical basis of contemporary administrative law, it is from this foundation, we will have today development of the theory of government information public. Then, the author took place in contemporary society some typical cases and social hot issues on government information disclosure is explained the meaning of. The author believes that the significance of open government information is mainly reflected in: identification of the citizens right to know, to protect the interests of citizens, increase administrative transparency, to prevent government corruption and the promotion of political participation and to promote political democracy and so on. Finally, the author discusses the difference "Government Information Disclosure Law" and the relevant laws, namely "State Secrets Law" and "Archives Law" relationship.The second part focuses on Sweden, the United States and Japan government information disclosure system, by drawing on these three countries the advanced experience and practice with regard to government information on the Improvement of the system of open revelation. Based on the above state government information disclosure system, I believe that Revelation has two main aspects: First, expand the scope of government information public, the establishment of rights-based model of information disclosure. The world, the vast majority of democratic countries, have adopted the principle of open, not open for exceptional style of legislation. Meanwhile, in legislation, defined the public's right to know and the information disclosure obligations of government agencies, making the scope of information disclosure certainly tend to expand. China should actively learn from foreign models, should increase the intensity of information disclosure, information disclosure request of the applicant to eliminate the right to limit the adequate protection of the public right to know. Second, focus on non-governmental organizations in promoting the role of information disclosure. Foreign non-governmental organizations in promoting the construction of the open system of government information spared no effort to play an active role. Non-governmental organizations not only through the known form "pressure groups and the media" campaign to influence the government and parliament, and non-governmental organizations also promote the national government information disclosure legislation to create a set of ideas and information disclosure system rules, actively involved in information disclosure law, the drafting and development. Therefore, China should learn from foreign development model to encourage the development of civil society organizations to foster and promote the formation of civil society.The third part focuses on government information openness of China's history and current situation. The author first introduces the history of our government information disclosure evolution. From the "punishment unknown, the unpredictable danger," the former feudal society, to the Warring States period, Zheng Zi "cast punishment book" the first release statute, then after the founding of the open system of government information scattered in the laws and regulations appear until the January 17, 2007 the State Council passed the "The People's Republic of China on Open Government Information", we can see that our government information disclosure forward trajectory. Next, the author discussed in detail China's current government information disclosure system. First, the author of the public purpose of government information, government information public bodies and their job duties, the basic principles of open government information were introduced. Secondly, the author of the open range of government information from the public and in accordance with the initiative for an open and public, limiting open and closed two aspects of the interpretation. Furthermore, the author of government information and open manner and the government information disclosure procedures are described. Open the way government information is divided into the legal means and non-statutory approach, while the open process of government information is divided into active and open process and open process in accordance with the application. Finally, the author of the "Regulations" under the supervision of government information and open the way of interpretation.The fourth part focuses on China's system of open government information problems and the formation of an analysis of the causes of the problem, then presents a complete information disclosure system of our government ideas and suggestions. I primarily through the "Hunan Rucheng information disclosure case" put forward China's current problems of government information public, thus a detailed analysis of the existence of the problem. The main reason can be summarized as follows: First, government departments, poor awareness of information disclosure, the lack of a sense of responsibility. Second, the "Regulations" itself provides incomplete. This is mainly reflected in: The Government take the initiative in the public domain is not clear and too the principle of openness of government information is low, the quality is not high, depending on the scope of application provisions of the public are too general, as well as officials of the property does not provide a system of notification and so on. Third, the low level of legislation. "Regulations" formulated by the State Council administrative regulations, legislation at the lower, subject to the early development of the "Secrets Act" and the "Archives Act" restrictions. Fourth, the supervision within the administrative system difficult to apply. This is mainly manifested in the lack of independent internal oversight body and the lack of effective monitoring system two aspects. Fifth, the lack of judicial oversight. As the judiciary human, financial, material, etc. by local constraints, leading to the judiciary is hard not to by the administrative organs affected. Subsequently, the author openly against our existing government information put forward a comprehensive response. First of all is to update the concept, not only the responsibility of public officials to raise awareness, create a service-oriented government, but also the formation of asking the Government to make public information disclosure of the initiative and enthusiasm. Second is to improve the information disclosure law, such as improving information disclosure law, legal hierarchy, clear the scope of information disclosure. Then the establishment of effective monitoring mechanisms, such as the establishment of a neutral professional examination bodies, to establish a scientific assessment criteria and assessment procedures. Finally, improve the administrative litigation relief system, to play a justice "last barrier" role.