On The Relief Paths Of Administrative Planning Information Disclosure

Modern especially since World War II, modern administrative mode gradually from a"legal administration" to "to plan administration" evolution, administrative planning hasbecome a focus of attention of the western administrative law scholar. In China, thegovernment administrative concept also gradually by "power administrative" to "serviceadministration" change, this background, how to standardize administrative planning,strengthens the administrative planning process control, give full play to the administrativeplanning in the strategic decision formation, specific plan implementation of the role, hasbecome the theory and practice not to push to take off of the mission. In view of "thegovernment of the People’s Republic of public information regulations promulgated), inthe administrative planning in the information construction is not only do publicservice-oriented government should have justice, also is to achieve the result of justiceprogram as an inevitable requirement. But in practice, citizens for administrative planninginformation public relief was lack of legislation support, relief way not free, put on recordto win more difficult embarrassing position, this greatly hindered the citizen’s right toknow the realization, also go against citizens with information public supervision ofadministrative legal weapon as planning and execution. Because of this, this article is todefine the administrative planning the function of public information of value and programvalue, analyzes the existing administrative planning information public relief path, tryingto learn from foreign experience, safeguard the rights of citizens relief really enjoy.This article quotes and this text mainly includes three aspects:Part1: administrative planning information public relief mechanism analysis of value.Clear administrative planning information public relief mechanism existence value, is inadministrative planning information public relief mechanism theory research and systemconstruction of premise. This article will first administrative planning information publicrelief mechanism for the value of the value and function definition procedure value: in thefunction of value, this paper analyzes the administrative planning information public reliefmechanism to protect citizens the right to know, exercise supervision and the meaning ofpower restriction; In the process of value, focuses on from the narrow and broad concept ofadministrative remedy, starting planning information of public administrative reliefprogram value is divided into perfect value and the value of cohesion.Part2: administrative planning information open the judicial relief. Throughoutworld administrative planning information public relief mode, administrative planninginformation open the judicial relief is an important part of, and administrative planninginformation open the judicial relief to form a right to know the barrier of protectingcitizens. Administrative planning information open the main judicial relief: administrativereview, administrative compensation and administrative compensation, the complaint. Thispaper tries to not get bogged down in the path of existing judicial relief of simply copy, tryto analysis in four relief respectively based on the path of the pros and cons, to constructthe China’s actual judicial outside relief mode.Part3: administrative planning information open the judicial relief. Based on thecomparison of the administrative planning information public judicial relief and thejudicial relief, and on the basis of bold proposed with administrative planning informationopen the judicial relief crack the practice of judicial relief administrative planning problem, and select the parties lawsuit qualification and evidence system as the main introductionobject, the administrative planning information public litigation the key and difficult pointto elaborate. This process, to be through overseas practice experience and theory of resultsfor reference, especially for the United States, Japan’s administrative planning informationpublic litigation system bigger space in the paper.