Theory Of Public Emergency In The Study Of The Problems Of Citizens’ Right To Know In Our Country

In recent years, Accompanied by a series of natural disasters, mass incidents andsocial safety accident frequency of public emergency, In the transition period of ourcountry facing the complicated situation, under the great pressure is unprecedented.Frequent emergent public events has seriously affected the social harmony andstability and healthy development of the citizen’s personal rights and property rightsare vile indeed. Due to people’s attention to sudden public events rising gradually,gradually increase the demand for public emergency information, then, in the processof emergency response and its response to the citizens’ right to know give full respectbecomes increasingly important. In the sudden incident, the people’s common wish isto be able to timely know all sorts of hidden behind the public emergency information,especially the cause of the incident broke out, the consequences, the truth of theincident and its possible trends. Information in a timely manner, not only helpstabilize the hearts and minds, but also conducive to the successful solution of thepublic emergency, Can cause people panic, conversely social order disorder, make theharm of public emergency intensified, also make the party and the government imagein the eyes of the people. Unfortunately, however, after carefully inspects the practiceof China respond to emergencies, can discover citizens’ right to know in theemergency response has not been fully meet and respect.The arrangement of the contents of this paper has five parts.The first part, through to the Wenchuan Earthquake, SARS, and review of Weng’an event, the perspective behind the case in public emergency in our country drawlessons from. In SARS and Weng ’an incident, all is because the information is notclear, only caused people to panic, and tragedy; Wenchuan earthquake, thegovernment science, timely report on the incident, the national people’s unity isstrength, pulling together in front of natural disasters, not only did not causeunnecessary social panic, but also to effectively carry out disaster relief work, for theearthquake relief is the final victory is gained lay the necessary foundation. Pros andcons of the facts tell us that the full guarantee citizens’ right to know public emergency is extremely essential.The second part, first of all, from the general level explains the basic meaning ofpublic emergency and citizens’ right to know. That sudden public events is refers to asudden, cause or may cause significant casualties and property losses, ecologicalenvironment damage and serious social harm, endanger the safety of publicemergency events. Sudden, regularity, catastrophic and universality are the maincharacteristics of the emergency. Citizens’ right to know, on the other hand, refers tothe citizens shall enjoy the official information or knowledge, obtain informationrelated to the state organs of rights and freedoms. Secondly, demonstrated thelegitimacy of the citizens’ right to know in the public emergency, think of the citizens’right to know to derived from basic human rights theory, popular sovereignty andsocial contract theory system.The third part, to our country citizen’s right to know in the public emergencysafeguard relatively objective on the current situation of investigation, Thinks, toguarantee citizens’ right to know of the lack of special legislation, guarantee citizens’right to know of the legal system has not been, have been established, citizens’ right toknow of the relief mechanism remains to be perfect, the consciousness of the citizen’sright to know is still very thin. And cause the cause of these problems lies in threeaspects: namely "docile subjects" and other traditional culture concept, the design ofthe current system defects and to improve the level of the rule of law construction inour country. These factors restricted the citizens’ right to know in general fullyrealized.The fourth part, on the basis of the above theoretical analysis and practicalinvestigation, tentatively puts forward some countermeasures for realizing thecitizens’ right to know in our public emergency and path. The author believed thatcitizens’ right to know is not without limit, there exists a reasonable limit, exercise ofthe right to know this limitation is to may infringe upon the privacy of others, may notbe the area of trade secret law regulations, shall not harm national security. On thebasis of clear the boundaries of citizens’ right to know exercise, fully guaranteecitizens’ right to know is necessary to draw lessons from foreign advanced experience, at the same time, strengthen the legal construction of our citizens’ right to knowsecurity, to perfect the relevant regulations of citizens’ right to know.The fifth part, mainly aimed at our country citizen’s right to know in the publicemergency safeguard of shallow to discuss some related factors. Such as publicemergency disposal system, the guiding role of news media, and strengtheninginternational exchange and cooperation, etc. Although these factors are not restrictcitizens’ right to know of the decisive factor, but they are in some sense objectivelyaffect the realization of citizens’ right to know, in order not to weaken the paper center,interpreted as a conclusion, in order to fully and improve the realization of citizens’right to know.