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On The Relief Of Right To Know

Posted on:2015-05-30Degree:MasterType:Thesis
Country:ChinaCandidate:J T FengFull Text:PDF
GTID:2176330431968245Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Under the background of the construction of the rule of law country,the construction of legal government is the first step.Controlling the powerof the government and protecting the rights of citizens have become aconsensus.Under the background of the reality of the governmentinformation disclosure, how to realize citizens’ right to know is can’t avoidin our legal research topic.Academic study of the basic theory of the right toknow has quite mature, but in the face of how to remedy right to knowafter violations of theoretical research is still less. This paper attempts tomake a new analysis on the problem.This article uses the following research methods.(a) conceptanalysis.Make definition of ‘remedy of right to know’ and ‘right to know’.(b) value analysis method.Analysis the legitimacy and necessity of rightremedy for the logical deduction on the value, and clarify the basis of rightremedy.(c) comparative analysis method.Make analysis on continental lawsystem and Anglo-American law system, hoping for beneficial inspirationon China.(d) the empirical analysis. Making analysis of constitution andlegislation, administrative law and procedural law and the real case, analysis,demonstration, right remedy for the theory and practice.This article mainly discusses on the following several aspects.Thispaper discusses the concept of right to know and the right remedy, mainlyfor defining the related concepts, explain what is right, what is the rightremedy. Secondly, on the basis of right remedy.Mainly discuss what is thebasis of what the basis of profound in legal theory, and the social reality ofthe necessity of how to remedy.Again, this paper discusses the realization ofthe right remedy.This is the core part of the paper, focusing on thedifficulties in realizing right, and how to realize the right to know.Finally,discuss right remedy in our country, and puts forward corresponding Suggestions.The remedy of right to know is a very big topic, this article onlyanalyze the current difficulties of right remedy theory from the perspectiveof legal theory, namely the right and other rights of boundary is not clearand incomplete system of government information publicity systemmethodology; and then put forward the right boundary of the principle andimplementation of government information publicity system in publicestimation method.This is also the innovation point in this paper.
Keywords/Search Tags:right to know, government information publicity, theremedy of right to know
PDF Full Text Request
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