Research On Administrative Discretion Regulation In The Field Of China's Government Information Disclosure

GongJianQi current our country is in the social reform,the government information disclosure work faces enormous challenges,the government information disclosure in the field of administrative discretion as a kind of administrative discretion,has the natural characteristics of administrative discretion,easy expansion being abused by an administrative organ.The exercise of this power by the administrative organ and its staff is highly likely to infringe upon the legitimate rights and interests of citizens,damage the authority of the government,and even affect social stability.Therefore,how to rationally and legally regulate it becomes an urgent problem in the field of information disclosure.Based on the information field as the starting point,from the present conditions of the government information publicity,on the basis of the analysis of the government information disclosure problem,combining with the judicial judgment,the information publicly to the cause of the abuse of right of discretion to comb,and tries to put forward from the aspects of legislative,administrative and judicial advice on how to regulate the power.This paper will be divided into four chapters.The first chapter is the introduction of the article,introduces the research background and significance of this paper,the research status at home and abroad,the research content and the innovation point.The second chapter is the investigation and analysis of government information disclosure.By the Chinese government under the rule of law review to our country present situation investigation and study of government information disclosure evaluation results were analyzed,and concluded the problems existing in the government information publicity,points out the reason of the problem is information disclosure discretion abuse and regulation mechanism is imperfect.The third chapter further study on the government information disclosure of the abuse of discretion,combined with China's judicial documents online about the government information disclosure case judicial documents,from the aspects of legal system,judicial,administrative and other analysis,shows that the government information disclosure of the abuse of administrative discretion in practice.Chapter iv information disclosure regulation of right of discretion is perfect,in order to solve the government information public domain abuse of administrative discretion,according to the third chapter puts forward the problems in this chapter,from the legislative,judicial and administrative aspects put forward the corresponding countermeasures,the existing law,administrative regulation,judicial regulation to perfect,strengthen the implementation of the administrative responsibility and improve the social supervision mechanism.