Font Size: a A A

The Perfection On Remedial System Of Governmental Information Publicity In China

Posted on:2011-12-29Degree:MasterType:Thesis
Country:ChinaCandidate:M J WangFull Text:PDF
GTID:2166360305973231Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
"A right without remedy is not a right", which is cited as an old saying to point out the importance of establishing a perfect remedy system. With the publicity of government information becoming a new tendency on the development of administrative legalization all around the world, the status and the importance of the remedy system stands out increasingly during the process of system designing on the publicity of government information by each country. Therefore, remedy system is not only the ensurance but also an indispensable part of the legal system on the publicity of government information.On the legislation of publicity of government information, how to establish an effective remedy system to ensure that the civil right of getting governmental information isn't infringed and how to remedy when the right is infringed is becoming the focus of the legal system on the publicity of government information in every country. Without an effective remedy system, the system on the publicity of government information can't work usefully. However, the remedial system of governmental information publicity is at the beginning stage and can't guarantee the civil right to know without a strict legal system and a complete supporting system. Compared to the advanced legislative experience of foreign countries, the current remedial system of governmental information publicity exists many contradictions and problems in practice. As a result, this paper analyzes the existing problems of remedy system on the publicity of government information starting with the introduction of current legislative situation, and then tries to discuss a perfect way of the remedial system of governmental information publicity by making reference to the successful experience of foreign countries, in order to put the system on the publicity of government information into effect smoothly and further protect the civil right to know effectively.This paper is divided into four parts:the first part introduces the current legislative situation of remedy system on the publicity of government information in China by stating briefly the remedy system separately from the central and local legislation of the publicity of government information; the second part analyzes the existing problems of remedial system of governmental information publicity in China by discussing deeply from the relative legislative system and the current remedy system, which consists of "the deficiency on constitutional status of right to know", "the vague definition of the scope between the publicity and privacy of government information", "the disjunction of administrative reconsideration and administrative liitigation on publicity of government information", "the impedance of judicial remedy"; the third part makes reference to the experience of foreign remedy system on the publicity of government information, by mainly introducing the perfect conception of our remedial system of governmental information publicity in macroscopical and microcosmic view. In other words, it raises concrete perfect suggestions based on the exposition of former three parts, which consists of "make clear the constitutional status of right to know", "raise the legislative level of the publicity of government information, formulate and improve the relative mating legal system", "establish a special review committee of information publicity", "coordinate the relations between administrative reconsideration and administrative litigation on publicity of government information", "further improve the judicial remedy system", in order to perfect our remedy system and promote the legalization construction of our publicity on government information.
Keywords/Search Tags:the Publicity of Government Information, the Right to Know, Administrative Reconsideration, Administrative Litigation
PDF Full Text Request
Related items