Constitutional Protection Of Citizen's Right To Know Study

In a critical period of China social transformation, all kinds of conflicts that might seriously affect social stability and economic development is intensifying. Whether to resolve conflict effectively has become a big challenge to the government's administrant ability .To solve the conflicts between the public and government, actions of the government must be taken. To resolve contradictions between the two sides need communication and understanding, the realization of information sharing. The Government side, has a great human and material basis for the collection of information is not a problem, but the corresponding individual citizens in the information asymmetry will be a party to the disadvantaged, such a situation the question of citizen's right to know came into being.Practice has proved that when we respect property of the right to know, based on the right to know, Open the administrative affairs, The consensus of the Government and the people can be base on the exchange and understanding, the conflict will be eliminated and ease. Well, the right to know what is this right, its status, how they need to protect our study.Many developed countries have recognized the importance of the natural right, and have to be included this right in the list of the scope of constitutional protection. However, so far, the right to know in our country has not yet been established in the Constitution, and also not its status in the fundamental rights. The protection of right to know is still based on a number of lower-bit sector laws, regulations or local regulations. Although in 2008 China adopted the "People's Republic of China Government Information Disclosure Bill", It is a discover of government information to protection of the public right to know was the first legislation, however, comes into force on the effects of the current view, this weak administrative regulations can not afford to continue to support the sky to protect the right to know. In-depth study of right to know system is absent compared with developed countries especially in the field of theoretical study. For example, how set the right to know in the Constitution, how to deal the status of the right to know and the status of other fundamental rights related. So far, a consensus has not been achieved on these basic issues. Although there are some successful models abroad, different national conditions require us to analyze specific issues. Relevant international conventions on human rights has also recognized the status of their basic rights.Since the party and the state put forward a plan of the rule of law principle, the rule of law in our country to become a frequent words, while research on the rule of law has become more in depth. Formed a basic consensus is that the rule of law to follow the provisions of legislation to govern the country, not only individual citizens to abide by the law, the acts of public authority must also be drawn into the legal orbit. Public authority for the Government in particular, a requirement of policies to exercise the power to do that an open,transparent laws." Therefore, the rule of law the government is open government,transparent government, to protect the information open. And the Community of the rule of law, right to know is a fundamental right of citizens.Along with China to speed up the process of democracy,rule of law, increasing awareness of the awakening of civil rights, political participation and discussion of the growing enthusiasm, the provisions of the Constitution the right to vote, be elected to oversee the right to criticize the basic political rights of citizens can no longer satisfy the requirements of democratic politics, more fundamental rights began to be called for, and the right to know as the voice of a higher one. This is not just because it is the basis for the exercise of fundamental rights is a prerequisite for citizen participation in politics, but also because it has become part of the human rights of modern society. Therefore, in our amendment to the Constitution of 2004 stipulates that "the state respects and safeguards human rights", the right protection mechanisms have been incorporated into the Constitution is an undisputed fact.Marx tells us: "the economic base determines the superstructure." The banner of the market economy in China after the set, a series of policy measures to change our plans to tell the world economic system, the implementation of the socialist market economy, courage and determination. of course, These policies and measures also including the reform of political system. And because the history of "people not to know" the concept of the impact of the planned economic system and the birth of the "secret doctrine" tendency of resources in our country , "information" as part of the resource has been monopolized by the government, not the free flow, it is a serious departure from the principle of our market economy requires the free flow of resources. Is the formation of the Legislative Council the right to know the basic theory and research with a late start in China, one of the reasons for the slow process. Therefore, along with the deepening of our reform, the government must get rid of the traditional information monopoly, and against the strong tradition also demands that we must be as soon as possible to know the status of the Basic Law, including in the Constitution protection mechanisms.This article attempts to set out the basic theory, including the background the right to know, the concepts of the right to know and nature of the Constitution abroad, as well as the status of international conventions which will introduce a large number of foreign countries. And also explore the theoretical, practical significance and feasibility of stipulating the right to know into the constitution. Then followed by a summary of the current status quo protection for the right to know in our country Constitution, especially the status of the legislation and practice, including legislative history of the evaluation and analysis of the problem of inadequate protection of the host. using case to illustrates the importance of the right to know as well as the Constitution's emergency and the need to know the reality of the need for constitutional guarantees. Finally, based on the above issues, propose the specific steps on how to set the right to know into the constitution and arrangements of its status in the Constitution . After that, the problems faced the first and foremost is, how to coordinate with the right to know and the other fundamental right, typical of several fundamental rights and interests of the Constitution will be taken to analyze the right to know with the relevant rights, with the hope to find a better balance between the different interests. Finally, explore the specific measures of constitutionally protected right to know the that improve the Chinese government (when refer to "my government" referring to executive, different from the broad sense Government) of the legislative system of information disclosure . In accordance with the principles of have right have relief, made for administrative proceedings and administrative review two relief measures, and improve both to adaptation the condition of our country, the purpose is to improve the overall mechanism for the Constitution Protection of the right to know.