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The Study Of Whether Procedural Government Information Can Open Or Not

Posted on:2018-04-24Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2336330515994733Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Procedural government information in government information publicity is within the range should be made public?Our country the governmentinformation disclosure regulations(hereinafter referred to as the\"regulations\")paragraph 4 of article 14 items from a list of open government information did not include in the process of government information,some local laws and regulations for the administrative efficiency of government regulations procedural government information shall not be made public.Because there isno law stipulates that increasingly involving lawsuit in the judicial practice in our country,cause the same problems appear different processing results.In the theoretical circle for procedural had a dispute,whether the government information open in a nutshell,is "definition theory" and " negation theory" and"transform theory"-three point of view.In practice of different governments and their departments to process the government information is public also have their own considerations,the government and its departments on procedural government information public is difficult to grasp the standard and limit.This paper argues that the process of government information is public,the analysis of the specific procedural government information not to put aside some principles in administrative law theory mechanically crestor or negative conclusion,coping process in our country government information open government study thoroughly the present situation of the administrative litigation system,points out that the current process encounters the bottleneck of the government information disclosure work and reason,secondly analysis our country procedural basis and basic principles of government information publicity,and draw lessons from United States,Australia,Japan and other countries' successful legislation,claims that procedural government information open exemption range should be narrowed and follow strict vetting process.Open to procedural government information can be accurate grasp of the direct impact on the administrative and judicial practice of government information disclosure condition,is also about the development of the theory of administrative law.Build process in our country government information publicity system,in order to promote the healthy and orderly development of our country government information publicity system,help the government information disclosure basis concept of improvements,better for procedural government information part of the public to provide theoretical support and fully gives and relief of the right channel at the same time,make the procedural government information publicity system will be improved.
Keywords/Search Tags:Government Information, Process Information, Openness, Legal Research
PDF Full Text Request
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