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Research On The Legal System Of Government Information Publicity

Posted on:2016-08-05Degree:MasterType:Thesis
Country:ChinaCandidate:X Y LuFull Text:PDF
GTID:2336330488475495Subject:Law
Abstract/Summary:PDF Full Text Request
The fourth plenary session of the 18th CPCNC put forward the strategy of governing the country according to law in an all-round way and the rule of law will play a more important role in the state governance and social management. In this context, the role of the government information publicity should also be placed within the framework of the law, namely the legal system of government information publicity. The system of government information publicity law is a system which protects the rights of citizens to get government information. Its theoretical foundation comes from the people's sovereignty theory, the right theory and the theory of free speech. To strive for active and fair public government information is goals of the governments around the world in terms of administrative system. Implementation of government information publicity has positive significance:1, it is conducive to promoting the construction of socialist democratic politics; 2, it is conducive to the government's functional transformation and build a service-oriented government; 3, it is conducive to maintaining social stability and building a well-off society in an all-round way; 4, it is conducive to the strengthening of power restriction and supervision and to prevent and control corruption at the source. At present there have been 103 countries around the world made the law of government information, which has typical significance of Sweden's the Freedom of the Press Law, Freedom oi Information Act of the United States, the European Union's "Freedom of Information Legislation in the European Union" and so on. Two common can be found through the analysis of foreign governments information publicity, one is the information publicity law formulation is the core of the government information publicity law system; The second is the starting point of the government information publicity is to carry out the public right of access to government information. Many foreign countries legal system of information publicity is worth our using for reference. But it also has certain limitation in the legislation and implementation. The problems existing in the legislation mainly embodied in the legislation of passivity and the imperfection of the law. In addition, due to various reasons, foreign government information publicity law is faced with law enforcement than laws more difficult predicament. In a short span of more than 20 years, China's government information publicity experienced four stages of started to explore, fully implementing, institutionalization, and comprehensive development. It has achieved obvious results in construction of information management system, online information publicity, the quality and forms of information publicity. At the same time, the Chinese government information publicity system is suffering a real dilemma: one is the government lacks the correct understanding of citizens' right to know; The second is the content of the government information of the actual public relatively narrow; Three is the manner in which the government information publicity is not enough specification; Four is the Government Information Publicity Regulations imposed by the Secrecy Laws, Archives Law and other relevant laws. The lack of the concept and law system constitutes of government information publicity is a major obstacle to the current government information disclosure in our country. This paper argues that we should perfect the legal system of Chinese government information publicity from three aspects:one is to develop the act of government information publicity and modification in conflict with the government information publicity law related legal system; Two is through the construction of electronic government, establish and perfect the emergency government information publicity system, establishing the long-term mechanism to work with the mainstream media to widen the channel of the government information publicity; Three is to strengthen the legal system on the implementation of government information publicity. This article will aim at perfecting the legal system of Chinese government information publicity by literature reference, case analysis and comparative research methods. Through to the foreign government information public legal system, the author expounds the development course of Chinese government information publicity, progress, problems and reasons, and on how to perfect the legal system of our country government information publicity put forward its own opinions. This paper suggests that we should establish the long-term mechanism to work with the mainstream media to perfect the system of government information publicity. Suggestion to strengthen the fusion of traditional media and new media development, the use of "two micro one end" (government microblogging, government affairs WeChat, news client) combined with big data, greatly improving the influence of the government information publicity and transmission is the innovation of this article.
Keywords/Search Tags:the government information publicity, legal system of government information publicity, right to know, electronic government
PDF Full Text Request
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