Open Administration System Theories Explore

Because of the impact of the historical feudal tradition, our government is severely lacking in transparency, which causes obstacle to our construction process of modern democratic society. It is imperative to establish the Regulation on the Openness of Government Information.Domestic academic circles' study on this subject mainly focuses on introducing foreign regulation about this issue. Especially we are short of comprehensive and philosophic elaboration related to administrative openness. Therefore, this article tries to do something to strength the theory foundation of basic structure of information disclosure system.In Part One: The author firstly expounds there are three common objectives for this system: promoting democracy and realizing the people's sovereignty; preventing corruption; guaranteeing administrating by law and improving the quality of policy-making. Meanwhile, as for China, there is still two direct objectives can be seen: Being adapted to the information society and adapted to the request of WTO.Par two: The right resources exploration for administrative openness. 1, It is the inexorable demands of democracy to establish and perfect the regulations of administrative openness. In order to achieve that goal, the government must take the responsibility of enhancing the right of knowing for public. Then the author emphasized the necessity of ensuring this kind of rights and the relationship between right of knowing and administrative openness through analysing the attributes of rights to know: civil right, political right and basic human right. 2, From the international legal documents about human rights we can indicate that the right of knowing is included in the right of freedom of expression. This evidence apparently proves the internal relationship between these two sorts of rights. That is to say, freedom of expression can be viewed as the basis or the source of right to know. Modern freedom of expression has turned into a processing right system, whichcentered by the right of knowing and penetrated the chain of rights by openness of information. 3, Citizens are titled a series of political right such as electing right, freedom of expression, criticizing right, accusing right, etc. by participating the administrative process through the methods of assisting as well as restraining government. To realize these rights, we need two things: one is completely knowing of government information, the other is sufficient freedom of expression. 4, The idea of ruling by people. The author introduce the philosophic origin of this idea and therefore draws forth the basic points of people's sovereignty: the government is of the people, by the people, for the people, so from this view, all the political rights people hold can be supported by this idea. Accordingly, the information that hold by the government must be shared by the public, not be monopolized by government itself. 5. Basic human rights. The author analyzes two characteristics of human rights: human sympathy and ruling by law, comment the basic contents of human rights: live, development freedom, equality. Then point out that human rights are closely related to the government's behavior. So we can find that all the rights related to the administrative openness can get an eternal explanation by human rights.Part three: In this part, the author has explained in detail the values and functions of these regulations to individual, society, public administrating and the constructing of a new type of administrative legal relationship. Thus show the importance and necessity of legislation.Part four. In this part, the author firstly detailed analyzes the classical concept for liberty, which was from Berlin, England. Secondly the author studies the two essential theories of liberalism: theory of social contract and theory of individualism. All the political or social principles' starting point and terminal goal depend on the realizing of individual rights. Therefore, the author believes that particular regulations such as administrative openn...