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The Protection Of The Citizens Administrative Rights To Know

Posted on:2011-12-31Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2166360305966149Subject:Constitution and Administrative Law
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The rights to know is an important emerging area of research in contemporary constitution and administrative law, The concept of the rights to know was questioned even before World Warâ…¡, but the system of legal theory and legal system is formed after World Warâ…¡. Especially in the past 20 years, the rights to know the legal theory and legal systems has been rapidly developed. Rights to know is recognized by the world's citizens a basic rights, The rights to know referred to here mainly refers to the narrow sense of the rights to know, that is, citizens of the administrative right to know. Information disclosure is to protect the citizens right to know the system of administration based on the establishment and development of open government information system, effective protection of Civil Rights, is a necessary requirement for democracy. Open system of government information has become the sun around the world to establish government, rule of law, the trend of the government, the establishment of Information Act as the core of Information legal system to adapt to the world development trend of rational choice and follow the necessary road of democratic development. It is based on information disclosure of the value of the last century, many countries in various legal form of the information disclosure of specific operations specifications.The Rights to know was quested very early in foreign countrys, it is recognized as a fundamental right of citizens, and by the way of information disclosure legislation to protect the administrative right to know Implement. In recent years, with the development of our country democratic system, China is also growing on the administrative right to know, but the right to know is not be recognized and protected from a legal perspective. "the right should be work in the sunshine" was quested in"17 Great". and the right to know of citizens have be confirmed. May 1,2008 implementation of the "Regulations on Open Government Information" is the first disclosure of government information on the administrative rules and regulations, which increase government transparency, sunshine government, effective government, and promote administration by law, protection of Civil Rights The exercise will have a positive and profound impact. "Ordinance" to protect our citizens right to know administration played an important role in and is the only one to protect citizens right to know administration and administrative regulations, or perfection of its provisions, relationship of citizens to know whether the administration truly. However, "regulations" in the implementation of time the past two years, but the question was appeared, which makes the effection greatly reduced, making the right to know of the citizens encounter huge obstacles. Such as:the scope of information disclosure, the scope of exemptions from disclosure, and "Secrets Act" and the interface between the law and the right to know relief system and so not perfect enough. The author of the right to know the basic theory and its public relations and information theory on the basis of deep research, protection of foreign citizens the right to know the relevant legislation, summarizing its mature experience, analysis of the Civil Rights protection status to "Open Government Information" as the view that "regulations" text problems, and range from information disclosure, confidential review mechanism, the right to know relief system, the combination of foreign experience, make their own feasibility of measures for the protection of Civil Rights legislation that a feasible path.
Keywords/Search Tags:rights to know, information disclosure, barriers, perfection
PDF Full Text Request
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