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Government Information Disclosure In The Interests Of Balance

Posted on:2006-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:J W ChenFull Text:PDF
GTID:2206360155469477Subject:Law
Abstract/Summary:PDF Full Text Request
Information matter and energy are three basses of human soviet. Government control most information in modern society .With the development of human society democracy and administration openness, citizen's subject consciousness strengthen and people need more and more government information. Since 1990s, the upsurges of government information openness start in the word .A lot of countries have formulated their own government freedom act. Information openness is very important to promoting democracy, developing economy, realizing citizen's the right to know and reducing corrupt. But too ,much information is possible to abuse information and increase burden of finance ,which harms public benefit .on the other hand ,too much openness of information is also impossible to harm , the right to privacy and commerce secret .Therefore , it is difficult problem in various counties how to balance benefit relation better and differentiate the scope between openness and non-openness . I try to analyze the balance of benefit system of government information openness in the articleThe first part mainly summaries the system of government information openness. The base of government information openness is citizen's right to know .The right to know arise in a lot of international law paper, and also arises in a lot of nations' laws. According the history of making government information openness, we can find tendencies which the right to know is more ensured , which the scope of openness is more enlarged and the process of openness is more perfect. The history information openness of all kinds of benefit subject game and all kinds of benefit's balancing.The second part of the article analyses the benefit and non-benefit of government information openness. In the part I firstly analyze the meaning of benefit and public benefit, which is a base to further discuss. Public benefit is subjective and its content is not exact .But the article hold that the public benefit is a important, practical and defined according due process .Government information openness is significance to guarantee citizen's right, to promote democracy and develop economy. But too much openness is impossible to increase finance burden and abuse the information.The third part analyses conflicts in the government information openness, which includes conflicts among public benefit, conflicts among personal benefit and conflicts between public benefit and personal benefit.The fourth part analyses principles and ways of benefit balancing in government information openness. When balancing the benefits in government information openness. Firstly , we hold the principle of public benefit priority . Secondly we should define the scope of all kinds of benefit. Fifthly we must use correct ways. At last, we must obey due process.The firth part mainly analyses our country's information openness system and the history of the system. Nowadays, there is some shortcoming in our information openness system. The scow of non-openness is not exact. The system lacks ways of blanking benefit and due process. Other laws hind the openness of government information ;The article think we shall take measures: (D The right to know and the right to privacy are regulated in constitution; ?Centralized information openness law shall be regulated; ?revise related laws ; ?make admonition process law.
Keywords/Search Tags:Government information openness, Benefit conflict, Benefit balance, Improving measure
PDF Full Text Request
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