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Our Country Government Information Publicity Of Third Party Rights Legislation Protection Research

Posted on:2019-03-27Degree:MasterType:Thesis
Country:ChinaCandidate:M Y WangFull Text:PDF
GTID:2416330542999996Subject:Law
Abstract/Summary:PDF Full Text Request
In 2008,the government information disclosure regulations(hereinafter referred to as"the regulations")revealed that marks the Chinese government in a solid step forward on the road of the rule of law,demonstrates the reform of the government under the rule of law in our country's determination and courage,from the aspect of legal system safeguard the citizens' right to know of the government affairs,has the milestone significance.This paper mainly discusses from the following several parts:the first part is about the government information disclosure to a third person rights necessity analysis,this paper to protect the rights of a third person in the information disclosure practical significance,mainly from three aspects,first,from the maintenance of the constitution authority,protecting the rights of citizens,by defining the rights of a third person in the constitutional government information disclosure,protection of rights and interests of a third person in alleviating the constitutional rights conflict to uphold the constitution authority is very necessary.Second,from the private interest and public interest of the third person,expounds the relationship between them,the protection of rights and interests of a third person to coordinate public interests and the necessity of the third person private interest,in order to achieve the meaning of two rights and interests balance.Thirdly,from the perspective of building the rule of law government,in this paper,the protection of rights and interests of information disclosure the third person,and in improving the value of government information publicity system,and then for the government is more than a necessary part of the rule of law construction,has a profound impact.The second part is about the government information disclosure of third party rights protection legislation present situation and problems,one is the comparison of contrast and normative analysis method,the current situation of third party rights protection the regulations,comparing to the expert advice,local laws and regulations,and introduces in detail the central and local,expert advice,etc for the protection of third party rights in the information disclosure and the view of the status quo,by introducing the contrast,the third person that legislation in our country exists in the scope is narrow,the third type is unknown,the third objection system lack practical problems,such as the existence of these problems brought difficulties to practice,brought unfavorable aspects to the third party rights,solve the government information publicity for below the third party rights protection system to build the stage.The third part is about the government information disclosure of third party rights protection system construction,in this section,the author in view of the legislation present situation and the problems existing in the legislation,draw lessons from Japan,the United States,Canada and other countries of advanced legislation experience,put forward its own relevant insights,including but not limited to clear the principle of the third party rights,build the third person of the objection system of government information disclosure,in order to provide feasible to third party rights protection legislation Suggestions.Third party rights protection measures is a set of system,legislation is one of the links,if really realize the protection of the third person,also need to form a complete set of legislative measures,such as supporting the execution of the measures,meet the required practical,accord with the present national conditions,in accordance with the present,so that the rights of a third person can obtain the practical maintenance.
Keywords/Search Tags:Legislative amendment, Government information disclosure, Third party objection system, Rights protection, The third person
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