On The Right Of Claim For The Publicity Of Government Information

The Publicity of Government Information is very important to the form and development of democratic society. In recent years, with the development of democracy, the Publicity of Government Information system is becoming a research hotspot in administrative law area. In China, the Publicity of Government Information system was founded relatively late. A majority of the scholars focus on the Publicity of Government Information system itself, but they ignore the right of claim for the Publicity of Government Information. The Publicity of Government Information system has made progress to some extent, but there are still some problems to be solved. The author thought that the right of claim for the Publicity of Government Information is the basis of the Publicity of Government Information system. Only when the right of claim is protected well, the system will be pushed to develop fundamentally. This paper studies on the right of claim for the Publicity of Government Information. In view of the legal and practical problems of the Government Information Publicity system, theoretical analysis, analysis of law and comparative research methods are used in this paper. The paper is divided into four parts. The first part introduces the fundamental theoretical problem of the right of claim for the Publicity of Government Information, including its concept, theoretical basis and character. The legal basis of the right of claim for Publicity of Government Information is the people’s "right to know" and the theory of popular sovereignty. The right of claim for the Publicity of Government Information is the concretization of right to know, at the same time, it is a kind of positive right. The second part analyzes the subjects of the right of claim for the Publicity of Government Information. By referring to the regulations of American, Japanese and other countries, in conjunction with the legislation defect of our country, the paper has put forward the views of the corresponding sound. The third part discusses the object scope of the right of claim for the Publicity of Government Information. In this part, we first define that the objects of the right of claim for the Publicity of Government Information consists of two parts:the government information which should be open actively to the public but not, and the government information which should be open to the public only by applicant. And there are two kinds of government information which are excluded from the object scope, ones are absolutely exclude, the other ones are relatively excluded. fhen some suggestions about defining the object scope of the right of claim for Publicity of Government Information are raised. The last part is about the supervision and remedy system on the right of claim for the Publicity of Government Information. This part first introduces the current legislative situation of supervision and remedy system on the Publicity of government information in China, then analyzes the existing problems, last but not lest, in order to perfect the supervision and remedy system and protect the right of claim for the Publicity of Government Information better, the author raises some suggestions such as make clear the constitutional status of right to know.