The Perfection On Remedial System Of Governmental Information Publicity In China

Without the sun, there is no true light；Without informationdisclosure, there would be no real democracy, rule of law andjustice.Therefore, the implementation of the governmentinformation disclosure has become one of the most importantmeasures of democratic development in modern countries.China hasalso stepped up the pace of information disclosure, finallyintroduced in2007and in May1,2008began the implementation ofthe "Regulations of the people’s Republic of China on opengovernment information"(hereinafter referred to as "Regulations"),which is to promote the government administrative transparency inChina, important progress in preventing corruption and thegovernment liegal system construction.Today is an era ofinformation explosion, can say, no information, can’t do anything,but the government holds the most information, owns the largestpower.The value of information to play only in flow, and the flowis based on the premise that open to the society, make known to thepublic, the government information should be so.In order toguarantee citizens the right to know administrative participation,has become one of the basic human rights.However, the progress ofthe society, the development and the protection of citizens’ right to democracy and the rule of law,"Regulations" this is not a merescrap of paper can be solved. No relief is right, no matter howperfect right design of the citizen legal rights are infringed,assumptions, no stretch, did not get a fair, effective relief, againgood law is just empty talk."Second, thirty-third" Ordinance forthe relief of terms, provisions of the administrativereconsideration and the administrative litigation2relief way, isa major bright spot, but a few words, for the implementation of thereal meaning of the lack of clear operational legal basis, weak.Butan administrative case relief based on the "AdministrativeReconsideration Law" and "administrative procedure law" and in manyways can’t adapt to the information disclosed this special casetype.In order to needs of the trial, the Supreme People’s Court ofour country in2010promulgated the "Regulations" the SupremePeople’s Court on Several Issues concerning the trial ofadministrative cases of disclosure of government information ofthis judicial interpretation, but still there are manycontroversial issues.The relief system of government informationpublication is not only public information security is an integralpart of the information disclosure system.The relief system ofgovernment information publicity in China is not perfect, refineand perfect our needs.In the full understanding of basic relief system on the significance of choosing this topic, focus, focus onthe problems facing the relief system of government informationpublicity in China, and put forward suggestion of perfection. Thispaper is divided into four parts:The first part, an overview of relief system of governmentinformation publicity in China, explains the system of governmentinformation, the right to know and the government informationdisclosure, relief, relief related concept system, informationdisclosure, and analyzes the information openness system necessityand significance.The second part, relief system present situation and problems ofour government information publicity, respectively, from the legalnorms, the implementation of "Regulations" after the introductionof the relief system problems, the Chinese government informationpublicity relief system is not mature, defects.The third part, comparative analysis and reference system ofrelief of public information to foreign countries and regions, wereintroduced in Japan, Britain, the United States of America reliefsystem of a representative of the3national information disclosure,and also can learn where.The fourth part, perfecting the relief system of governmentinformation disclosure in China, is the focus of the article, based on the three part, mainly from the macro basis relief system,3aspects of system of administrative review and administrativelitigation system to put forward a perfect suggestion.Because access to collect data is not comprehensive, your ownknowledge is limited and the research on this topic is not thoroughand other factors, the author just slightly put forward reasonablesuggestions, hoping to start, to benefit the practice. We arelooking forward to your teacher.