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Research On The System Of Administrative Information Disclosure Under The Background Of Anti-corruption

Posted on:2018-11-19Degree:MasterType:Thesis
Country:ChinaCandidate:L RenFull Text:PDF
GTID:2356330515954140Subject:Law
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Corruption is a serious violation of law and discipline,not only endanger and undermine the authority and effectiveness of the law,but also destroy the economic foundation of our society,shake the social foundation of our country.Corruption has posed a potential threat to the Party and the State.With the continuous disclosure of corruption cases,the Party Central Committee the State and the broad masses of the people paid a great attention to this kind of incident.Corruption is.the abuse of public power,it can be said that since the people have the public power corruption,and the fundamental measure to restrain corruption is not to punish,but to prevent and control.Historical experience has proved that the biggest characteristic of a corruption and the corrupt behavior lies in the secret of its behavior.In reality,the covert government management system and administrative act provides the potential opportunity for the corrupt secret trade to a certain extent.At the same time,information as an important resource in the whole world,the administrative department has a large amount of information,the administrative information publicity as an important part of legal and reasonable administration,is one of the important subject in the construction of the government under the rule of law and the rule of society,is an important channel and means of anti-corruption.Based on this background,we can see that there is a natural connection between the administrative information publicity and anti-corruption,the two are interaction and mutual promotion,the full implementation of the administrative information publicity,let the power under people's supervision,can effectively prevent the power out of control,making mistakes and misconduct.Therefore,the administrative information publicity system is the inherent requirement of anti-corruption.However,China's administrative information publicity is still in the initial stage,the current law only provide the government information publicity regulations,and China's Regulations on open government information need to improve,the actual operation of the provisions of regulations is not flawless,the scope of information disclosure is fuzzy Conflicts with other legal norms are difficult to be effective,judicial remedies exist in name only,and the conflict between the right to know and the right to privacy in administrative information publicity still has not been solved.Therefore,the administrative information publicity system can not effectively play its role to control corruption and strengthen the integrity of administrative organs.Therefore,the first part of this paper,start from the background of the interaction between the administrative information publicity and anti-corruption,combined with the domestic and foreign research status and legislative status,discusses the value of this paper and the guiding role.The second part mainly discusses the basic principles,which is based on the basic principles of the administrative law,the right to restrict the power,the legitimacy of the procedure and the essential requirement of administration.It shows that the system of administrative information publicity has the function of anti corruption,regulating the administrative behavior,protecting the right to know and the right to supervise,reducing the administrative cost,establishing the rule of legal and the responsibility of the government.The third part from the three aspects the beneficial experience of foreign legal system,anti-corruption prevention system and supervision mechanism etc.and through the comparison of domestic and foreign administrative information publicity system to improve the legal system,summed up the three modes of anti-corruption should be used in parallel and has great realistic and theoretical significance to perfect the supervision system of China's anti-corruption process corruption;The fourth part mainly from four aspects of legal norms,administrative discretion,administrative procedure and relief system of administrative information publicity system in our country,and analyze the cause of defects is now the feudal ideological roots of strong,the imbalance between the interests and responsibility is not perfect three aspects.Because the main function of the system of administrative information disclosure is to prevent from the root but not to punish,and the focus of this chapter is to lay the foundation for the construction of the legal path of corruption;In the last chapter,combined with current hot,with "the three public expenses" public participation in decision-making "and" public civil servant information "as the starting point,combined with the new" real estate "and" Provisional Regulations of Sichuan province major administrative decision-making accountability Interim Measures",according to China's national conditions,from the three aspects,put forward the suggestions of specific operational,and fixed it in the law.In summary,this article hopes to establish and improve the administrative information publicity system to provide the legal suggestions to prevent and control corruption,by strengthening the right restriction of the power,ensuring the legitimacy of administrative procedure to promote legal administration,enhancing the credibility of the government,in order to build the legal state,the legal government and the legal society.
Keywords/Search Tags:administrative information, open, anti-corruption, right to know, supervision
PDF Full Text Request
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