Legal Protection Of The Right To Know In The Sudden Situation

The right to know in sudden situation means citizens enjoy the right to know the relevant information according to laws and regulations when unexpected events such as natural disasters, accidents, public health events and social security incident accur. The protection of the right to know is conductive to building a harmonious society, realizing the fundamental human rights. It also can improve the government’s credibility, establish good government image and improve the efficiency and result of emergency disposal work. At present, the problems of realization of the citizen’s right to know include:the legal system for the protection of the right to know is not perfect, the constitution is not directly related to the right to know, legal system of information publication is imperfect. There are omissions in related substantive rules and lacking of procedural requirements; the implement intensity of protection of the right to know is also weak, such as lack of emergency information management organization, warning and emergency mechanism is imperfect, the channel of information publication is less, the supervision mechanism of emergency information publication is inferior, the quality of personnel also needs to improve; the relief systems are imperfection, administrative responsibility investigates does not arrive, litigation relief system and administrative compensation responsibility are not perfected. Due to officer standard, government performance evaluation mechanism is not scientific, traditional authority working mode is not feasible and the cost of emergency information publication is high, the right to know in sudden situation is difficult to realize. We can take the legislative, administrative and judicial measures to improve the right to know. Firstly, the constitution explicitly stipulated the right to know, perfect the legal system of information publication and the provisions content, reinforce legislative procedure. Secondly, we should establish special emergency information management institutions, increase warning and emergency mechanism construction, building multi-level emergency information release channel, improving emergency information public supervision mechanism. Thirdly, we should perfect administration accountability system and the litigation relief system, clearly stipulates administrative liability to pay compensation.