| The right to know is a basic right entitled to the citizens and the basis to realize otherrights of the citizens. The promulgation of the legal provisions such as the Provisions onOpenness of Government Information marks a new milestone on the public’s right to knowgovernment information and in the meantime arouses more public’s demand for their right toknow. The state public servants are an important constituent of the citizens, the manager ofthe society and the performer of the state policies. The personnel file of public servants is animportant basis for organizing personnel selection and appointing cadres and important recordand objective evaluation on public servants’ participation in public affairs, closely related tothe vital interests of public servants. The public servants’ right to know their personnel files isof positive significance to promote the more objective and uninfluenced development ofcadres’ selection and appointment and serve the development of social economy, politics andculture. However, due to the influence of such factors as historical and subjectiveconsciousness and the backwardness of the construction of legal system, the public servants’right to know their personnel files is not effectively safeguarded. In order to solve theproblems arising from the vacancy of public servants’ right to know their personnel files, thisthesis endeavors to research the public servants’ right to know their personnel files with theelaborations means such as historical review and contrastive analysis, begins from thesafeguard of right to know, researches and explores the theory and practice of right to knowpersonnel file from the perspective of right to know personnel file and the relevant legalrelationships, broadens the thought of solving realistic problems and proposes the suggestionsto improve the public servants’ right to know personnel file.This thesis consists of five parts: Part One, based on the current legal system, makesobjective analysis on the status quo of public servants’ right to know their personnel files andthe reasons for the vacancy of public servants’ right to know their personnel files. Part Twoanalyzes the problems arising from the vacancy of personnel files in the public servants’ legitimate rights and interests, the authenticity and completeness of the files and theemployment of personnel files. Part Three elaborates the necessity to safeguard the publicservants’ right to know their personnel files from the perspective of politics, economy, culture,history, rule by law, contents of personnel files, the safeguard of public servants’ legitimaterights and interests in personnel files. Part Four conducts theoretical analysis on right to knowpersonnel file, including the origin, connotation, subject, object and main contentssafeguarded in the right to know. Part Five refers to the experience of open employment ofpersonnel files in foreign countries and proposes the suggestions for safeguarding the right toknow the personnel, including updating the management concept of personnel files,improving the supporting system for right to know the personnel, deepening the reform onpersonnel system and relying on information technology. |
