Improving Our Country’s Administrative Openness System

Administrative openness and participation are the two elements of modern democracysystem, and administrative openness is the prerequisite and basis for participation.Administrative openness is the proper meaning of social democracy, the guarantee of realizingthe citizens’constitutional rights, the fundamental system of supervising administrationaccording to law. The administrative body should be people-oriented establish the governmentunder the rule of law. To accomplish this achievement, it’s an important duty is to implement theadministrative openness system. Administrative openness system is the product of thedevelopment of political democracy. In 1776, Sweden firstly established the administrationopenness system. It’s the developing trend of modern democratic politics that increasing theadministrative transparency, implementing administrative openness system. Along with theestablishment and implementation of the general plan of the rule of law, the concept ofadministration according to law and administrative openness wins great support among people.On the meeting of Sixteenth National Congress of the Communist Party of China, thegovernment clearly proposed the ambitious goal of establishing administrative openness system,promoting the process of administration according to law. In our country, with improvingawareness of citizens’democratic rights, rapid developing of market economic and advancing ofdemocratic politics, it is urgent to enhance the administrative transparency to improveadministrative openness system. At present, both in theory and practice, the research of ourcountry’s administrative openness system is very weak; many problems need to be furtherdeliberated.The paper is divided into three parts and the author organizes the framework with the formof basic theory - problem analysis - improve, basing on Zhanghua’s Rejected Inquiring Case Records, focusing on the theme of improving our country’s administrative openness system.In the first part, the author proposes the Zhanghua’s Rejected Inquiring Case Records, givesa detailed presentation and summary the Controversial points of the case---the ways and meansof relief of Zhanghua’s Rejected Inquiring Case Records are not smooth; the problem of theright of“Insiders" and "outsiders" and the record belongs to State secrets or not. And then, theauthor generalizes the substance of Zhanghua’s Rejected Inquiring Case Records is the caserecord should be inquired or not query is the issue of the scope of administrative openness andthe protection of counterpart’s right to know in administrative procedure.In the second part, the author discusses the basic theory of administrative openness system,including connotation, classification, scope and value perspective. makes an analysis of theadministrative openness system’s problems, such as lacking related legal system, theinterpretation of“exclusions”is too vague and broad, the administrative body’s right and duty isambiguous, the supervision systems and channels for relief is inadequate. Then, the authorbriefly describes the current situation of our country’s administrative openness and gives anintroduction of foreign administration openness for reference.In the third part, the author discusses how to improve our country’s administrative opennesssystem and gives some suggestions. On the basic of contrasting foreign administrative opennesssystem for reference, the author puts forward three suggestions——establish harmonious andunified legal system of administrative openness system, transform administrativelaw-enforcement mode, build an effective administrative openness supervision systems andchannels for relief.