Research On The Legal Supervision Of The Financial Budget By Citizens

As the core value of modern constitutional theory,it guarantees the individual rights of citizens and restricts the public power of the state,which is reflected in various fields of governing the country according to law.The national activity of the budget is related to the development direction and forward path of the whole society.Present our citizens to participate in extremely high political enthusiasm,especially when under the condition of same is closely connected with their own interests,concerns itself is hope to get the attention of the society and the government's strong response.Budget of citizens' legal supervision is on the basis of the theory and practice,to civil perspective as a starting point,by discussing how to guarantee citizens' budget supervision,to supervise the public power,protect the rights of private the modern theory of constitutional value.Research on the legal supervision of the financial budget by citizens has a solid theoretical foundation,which is mainly embodied in the theory of "people's sovereignty" and "principal-agent" theory.People's sovereignty theory in citizen oversight for the budget performance,through discussing the legitimacy of the state power source is to the people,the people have the right to decide the important affairs of the country,state in the exercise of power to accept the supervision of the people,and demonstrated that,including finance,all kinds of power control,the government should accept the oversight of the people of course.Entrust-agent theory,from the perspective of contract,that citizens budget supervision,as a typical representative of public activities,internal also contains the principal-agent relationship,which characterized by separation of ownership and control all citizens and manager the principal-agent relationship between the exercise of public power,as this belongs to all citizens of the people's own power,of course,have the right to supervise.Emphasized at the same time,the "legal supervision" took the form of law supervision,from the media supervision,supervision by public opinion and social supervision,and in the force behind the law to guarantee the supervision mode.At present,the existing legal norms in our country are more general and less detailed.Specific department,in addition to "budget law" the basic law,a lot of very important budget laws and regulations are still missing,even if USES the normative method,can be found,for reading involves few citizens for the budget supervision law,relevant security system is more difficult to achieve.The author introduces in United States,Germany,Japan and Taiwan citizens current budget supervision of the relevant legal norms and supporting the implementation of the system,hope to the development of the citizens of the budget legal supervision experience for reference,and in the system design and system building of below combined with outside experience,explore ways suitable for the situation of our country's civil legal supervision.The author,through combing nearly five years of the written judgment in the government information disclosure regulations under the condition of information guarantee citizens' right to know,analysis,sorting conditions in our country citizens' right to know the budget information.Through the statistics of the number of cases,the situation of the parties,the rate of appeal and the losing rate and the court's citation of the law,the reasons for losing the lawsuit and the waste of judicial resources are discussed.According to China's current social environment and the judicial status quo,the author explored the possibility of "public interest litigation practice,and put forward the system of setting up a" citizen committee "of the specific idea,at the same time put forward the citizenry litigation supervision of fiscal budget,should also be gradually in the future development of the important direction of legal supervision way.As the essence of modern fiscal democracy,the concept of "respecting the rights of taxpayers" is deeply integrated into various fields of national governance.Citizens rely on laws for the supervision over the budget and requires us to further establish and improve and refine the budget laws and regulations and supporting system,establish and improve the corresponding functions at the same time,considering the citizens in different stages,using the form of legal supervision,including litigation,the budget,in order to achieve better play its role and achieve better effects.