Study On Government Information Publicity Relief Of Citizens Right Of Information

The right to know is a product of the modern rule of law in the development process, isan important content of democracy and rule of law in the information age. Although theConstitution does not directly regulate the citizen’s right to know, but can’t deny theexistence of the right, the right to know is a recessive human rights in the constitution ofChina. In2008China’s "people’s Republic of China government information disclosureregulations" formally implemented, become an important basis for guarantee of citizen’sright to know. The right to know of the citizen has close relation with the governmentinformation publicity system, the right to know is the logic starting point of informationdisclosure, the government public degree also determines the degree of realization ofthe right to know.However, the Chinese government information disclosure level is not high,"Regulations on open government information" in a certain extent for the citizen’s rightto know to provide security, but because the provisions are simple, set the citizens’ rightto the relief way in to be open and not open information range is not exhaustive. Thispaper analyzes the present situation and the insufficiency of China’s current governmentinformation publicity relief in the citizen’s right to know, to open information within thescope of citizens’ right to remedy problems: Administrative reconsideration andlitigation cohesion model does not play its proper role; regulations of the traditionaladministrative litigation law does not consider the special nature of right remedy; rightto know are excluded from the scope of administrative compensation and otherproblems. No public information within the scope of citizens’ right to relief theproblems: The first is the lack of confidentiality review procedures, the confidentialityreview procedures in general and the secret process and the process is concentrated inthe hands of administrative organs, only citizens can’t monitor, and the judiciary alsoincapable of action; Secondly, the right to know and right of privacy conflicts betweenthe third men. Due to the lag of legislation of our country, the lack of relevant system,and no relevant principles to balance the right to know and right of privacy, the situationintensified the conflict between the two.According to the current situation and problems of our government informationpublicity relief of citizen’s right to know, this paper put forward the following measuresto improve. In view of the lack of public information within the scope of civil right relief way, to propose ways to improve: to establish the administrative reconsiderationprocedure, the use of professional, efficient administrative information publicity disputesolving; increase the special rules of judicial relief of the right to know of the citizen,the right to know is a new type of administrative litigation, the scope of accepting cases,litigation subject qualification, the principle of open trial and the burden of proof inadministrative litigation for right to know the correct definition and redistribution; at thesame time, expand the protection of the rights and interests of the administrativecompensation scope, the "right to know" into the scope of protection of administrativecompensation. In view of the deficiency of not disclosing information within the civilrights relief way, the author suggests that gives the court confidentiality review, by thejudges to judge "whether classified information", and establish the priority of publicinterest principle, coordination of the right to information and privacy of the balance ofthe two.