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Exception Rules Of Government Information Publicity In China

Posted on:2019-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:Q MengFull Text:PDF
GTID:2346330542997681Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
China's "Government Information Disclosure Regulations" was formally formulated and promulgated in 2008.The advent of this law marks the gradual maturity of China's research on the government information disclosure system.However,after the promulgation of the "Regulations",cases in which the public resorted to courts or administrative reconsideration for unpublished applications for information disclosure were frequently reported to the newspapers,which not only reflected the drawbacks of the "Regulations",but also exposed the defects of the information disclosure system in China.In particular,with respect to the application of the exception rule,the law stipulates the content of the exception rule.There are many overlaps and overlaps in the application of law,which makes the administrative authority of the administrative agency too large.In practice,the problem is constant,and its essence is not in the disclosure itself.However,the boundary between disclosure and exceptions is not clear and the content is unknown.Looking at the countries that have enacted the "Information Disclosure Act" in the world,the specific scope of information disclosure matters is generally independent and adopts a combination of positive and negative enumeration.However,the provisions of this part of our country are very vague and practical.It is easy to become an administrative agency's reason for refusing to disclose information,to infringe citizens' right to know and to hinder the progress of the rule of law.China's existing research on information disclosure mostly starts from a macro perspective,does not delve into specific details,and studies the exceptional application of information disclosure is rare.In view of this situation,it aims to start with the existence of an exception rule,Under the guidance of the principle of disclosure as a principle and the principle of not being disclosed as an exception",the current "Regulations on Disclosure of Government Information" and draft amendment drafts,local regulations,rules,etc.shall be taken into consideration,and the information disclosure system and its exceptional rules After introducing the basic theories and related concepts in detail,with the help of relevant regulations and practical experience in the disclosure of information disclosure exceptions in other countries and regions,the contents of the exception rules under the current information disclosure system are introduced,and the existing laws are applied and practically applied.The problems with the open rules of the government information disclosure system are trying to put forward proposals to improve the information disclosure exception rules in China,and scientifically determine the specific content of the exception rules.
Keywords/Search Tags:The government information publicity, The exception rule of government information publicity, The system improvement
PDF Full Text Request
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