Legal Protection Of The Right To Know

The direction of development of modern administrative management in China isimplementing the government information publicity, and making the power legitimacy,transparency. Gives the government the administrative management process andresults, under the social public supervision and accountability, through the citizenadministration right to know, and in a transparent state. with the rich material life, theawakening of their democratic rights consciousness and pursuit in our country citizenunder the new era.At present, citizen theoretical research and practical work of administration right toknow is at immature stage, including the definition of civil administrative right toknow, value and meaning, the analyses of the power structure, and the constructionof the administrative right to know system, etc., although since the governmentinformation disclosure regulations, the government information disclosure system isbeing perfect, but in practice the government information disclosure by the method of"paper" to "the law" of life is slow, especiallyon the issue of administrativeexamination and approval on which the people more attention.Based on the theory of administrative right to know origin of discovery, put forwardthe social contract theory, people’s sovereignty principle and the theory ofadministrative control is the legitimacy of administrative right to know. On the basisof these theories, we can learn that citizens to administrative organs to exerciseadministrative power has the right to knowledge, access to information in the processof government administrative management information, and has a right to knowadministrative information that can’t implementation and relief rights. Government isresponsible for its special main body status and have obligations to make publicinformation disclosure. Since put forward the concept of administrative right to know,our country’s academia and legislation circlesin have a state of chaos of the expressionof the understanding of administrative right to know and use, it is not form a unifiedpoint of the view.This article concludes that the administrative right to know is a kindof sexual rights, through parsing properties on the right of administrative right toknow. Include administrative information and correct, the right of administrativeaccess to information, the right of the government’s administration of administrativesubject inform and citizens have rights not realizing rights relief rights. Administrativeright to know has human rights and the political attribute,it is not only a basic political rights, but also is a fundamental human right. Through analyzing theproblems in legislation and practic concentrated around information disclosure in ourcountry, especially in the practice of government information disclosure become amere formality, not play to due utility. Faced with a lot of attention of the public, theadministrative right to know can not meet the needs of the public. Based on this,through the analysis of the whole administrative rights cannot effectively, putforward some constructive opinions from the legislative, judicial, supervision.