Study On Government Information Publicity Relief Of Civil Rights

On October 20,2014 -23, the eighteen session of the Fourth Plenary Session of the conference was held in Beijing, the "rule of law" as the theme, in the previous meeting of the party is the first time, it is of great significance, the response was very intense. The conference by an important decision, in order to comprehensively promote the rule of law set up a general goal, five systems and six important tasks. Especially in the rule of law government links, will open as special task to carry out, showing the party and the country in building a country ruled by law, government by law, the rule of law social courage and confidence, won acclaim at home and abroad.This paper is a study of government information in the context of this public relief mechanism. Late start of government information publicity system in our country, in 2007 the State Council of the people’s Republic of China enacted "Regulations on open government information", as the government information publicity provides level administrative regulations on the basis of. The government information disclosure system is not mature; especially the relief system is not perfect, so that the legitimate rights and interests of citizens are not fully protected. In this paper, based on the government information disclosure in the civil rights relief theory based on the analysis of the present situation, the existing law relief to citizens in the public information rights remedy, find out the defects, observe the extraterritorial relief way, from where beneficial experience, puts forward our country’s information publicity relief suggestions.Comparative literature research method, research method, the empirical method used in this paper, based on the national conditions, draw lessons from foreign relevant experience, study on the guarantee legal rights of citizens in violation of government information publicity relief mechanism after the behavior.This paper is divided into introduction, body, conclusion of three parts. In the main part, is divided into five parts. First, an overview on the disclosure of government information rights remedy. Firstly, defines the meaning of government information, through the use of case analysis method, on the government information and internal information, historical information and makes a distinction between. Secondly, make division of the government information disclosure behavior. Once again, on the "citizen" to explain. Finally, in this paper the "right" to explain. Second, analyses the current situation of legislation and the defects of our government public relief. First, each in turn relief way. Report, administrative reconsideration, administrative litigation, administrative compensation. And the existing problems are analyzed in several ways. Third, put forward defects, analysis the reason. Fourth, research on the remedy systemof extrater ritorial provisions. Through the related system research, American British, Japanese, summarizes its characteristics, to get the experience and inspiration. Fifth, the focus of the article focuses on how to promote the civil rights relief.