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View Of The Improvement Of Information Publication In China

Posted on:2017-05-02Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2296330482997516Subject:legal
Abstract/Summary:PDF Full Text Request
Freedom of Information (or called Information Right), is the right to obtain information held by public institutions. Public institutions’mastering information is not for themselves. It is a kind of information management on behalf of the public during the process of running the country. Therefore, if there is no absolute preferential reason to cover the information to protect the public interest, the information mastered by public institutions must be available to the public. Democracy means citizens’ effective participation, supervision over the leaders and the right to know the government’s ruling. All of these depend on the access to information in the aspect of economy, society and other fairs concerned by the public. Thus it can be seen that Government Information Publicity is an important way to build a country under the rule of law and a sunshine government, as well as an essential means to guarantee the realization of fairness and citizens’ right to know. Information is particularly crucial in modern society. However, since the administrative subject -the government occupies the absolute dominance in the aspects of gathering information, sorting information and publishing information, the administrative counterparts can only passively accept the scope and content of information released by the government. The reason for the establishment and development of the Legal System of Disclosure of Government Information is to restrict the government’s abuse of government information to a greater extent, to guarantee the citizens’ right to know and to achieve real democracy. Therefore the establishment of government information principle "taking openness as convention and privacy as exception" around the world is an important step towards the realization of the rule of law and democracy. The establishment and perfection of the Government Information Publicity System embodies the degree of democracy and the rule of law of a country.The establishment of Government Information Publicity System in China is relatively late and Government Information Disclosure Regulations of the People’s Republic of China (hereinafter referred to as Information Disclosure Regulations) was officially put into implementation in 2008. Since the promulgation and implementation of Information Disclosure Regulations, it’s huge functions in the aspect of ensuring the correct, timely and effective government information publicity have been saw. At the same time, many of the problems existed in the implementation process have emerged:Some provisions in Information Disclosure Regulations are not clear; the right perspectives in the theory have been proved by western countries are not reflected in the regulations. So far China has not yet promulgated any laws on government information disclosure, and it’s hard to realize the fully implementation of Information Disclosure Regulations. In addition, the lack of supervision and relief system make the administrative counterparts fail to effectively supervise the government behavior, make the rule of law and justice fail to realize as well as effective remedy when the administrative counterparts can not realize the right to know, and so on. All these problems existed in Government Information Publicity System above will impede the timely, accurate publicity in the process of implementation and hinder the citizens’exercise of right to know, participation right and right of supervision. To solve the problems existed in Government Information Publicity System in China, it is necessary to seriously study the construction of Government Information Publicity System and draw lessons from the beneficial experience of the west to ensure effective implementation of the Government Information Disclosure System in China.
Keywords/Search Tags:Government Information Publicity Guarantee of Human Rights Supervision Relief
PDF Full Text Request
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