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The Scope Of Disclosure Of Government Information

Posted on:2012-02-25Degree:MasterType:Thesis
Country:ChinaCandidate:Z M GuanFull Text:PDF
GTID:2216330338959986Subject:Law
Abstract/Summary:PDF Full Text Request
The"PRC Regulations on Open Government Information"official purposes on May 1, 2008. The purposes of this Ordinance for construction services in the sun has a significant service-oriented government, but also the right for citizens to provide good protection. Since then, the exercise of public authority,people have one more legal weapon.Huang you jian and others sue ru cheng country of Hunan province about not open the information on the first working day after the enforcement of the ordinance. The case was referred to as"the first case of Government Information".and we can see its inportance and significance.In this paper,we use the way of the enumeration and comparison, by combining theory and practice, to discussion of open government information issues related to litigation on the basic situation and the problem of the case, cases focus of controversy, the reasons why the court did not accept the case and what the case reflects and practical advices. The value of the case,on one hand, is that, in the face of similar problems, we can apply the relevant case and law to safeguard our right interests.on the other hand, is to urge the Government to open the government information actively.The first part of the basic situation of the case and the issues raised,concluding the case of the occurrence,development,and results after.Then, quoted the view of some judges and lawyers to evaluate the case briefly.Finally,summed up the focus of the controversy of the case to lead to the second part of this article. The second part is a sub-case focus of controversy which is the identifition the nature of the act that putted by goverment to issue the investigati on report and the range of government information. The third part focuses on the reasons for failure of the Court accepted the case.The Special about the case is the case of proceedings did not enter the real. The fourth part discusses the case and similar cases reflected the main issues. Through the analysis of the case, i cited the case of the four major problems exist that,information public awareness of government agencies is weak, needs to be strengthened, the scope of information disclosure is unclear, the legal system is not complete, prosecution of the main public proceedings and more information for individuals, groups and other public organizations are rarely involved in and the most importent is that prosecution of many less successful. The last part is the contention of the first part of the problems and propose appropriate measures for improvement.Mainly the following measures: First, government agencies change their ideas, to do service-oriented government. Second is to further strengthen legislation to improve the legal system. Third is to improve the executive government information disclosure mechanism to create a good environment for law enforcement. Finally,through trial practice, and establish a new way of review.
Keywords/Search Tags:Government Information, Open Government Information, Government Information lawsuit, No public review
PDF Full Text Request
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