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A Study On The System Of Procedural Exemption Of Government Information

Posted on:2020-06-17Degree:MasterType:Thesis
Country:ChinaCandidate:H WangFull Text:PDF
GTID:2416330578451136Subject:legal
Abstract/Summary:PDF Full Text Request
Now the administrative organs should be open,fair,and build a service-oriented government.At the same time,it also shows that it is more and more important to protect citizens' right to participate in social management.The administration of social affairs requires not only the disclosure of administrative results,but also the disclosure of its decision-making process.The problems such as insufficient standardization and unsatisfactory effect are still the biggest perplexities in the current government information disclosure system in our country.Especially on the issue of process government information disclosure,there is no corresponding legislation in our country at present,but only the corresponding provisions have appeared in the normative documents.Because of this,it can lead to a lot of things in our daily life.Unnecessary questions.According to the present-day legal system,there is no strict definition to regulate the non-disclosure system,especially in the process of the disclosure of government information,the shortcomings are gradually revealed.This paper starts with the existing relevant laws and regulations,finds its drawbacks,further finds out the relevant cases to illustrate the author's point of view,and clearly points out the existing defects of the procedural government information exemption public system.At the same time,we should learn from those areas where the government information disclosure system has been deeply studied,and improve the procedural government information exemption public system in the light of the specific situation of our country in the light of the attitude of combining the specific situation of our country.This paper argues that procedural government information is exempt from disclosure in principle,and the non-disclosure here does not mean that under all circumstances it is not public,and that there are certain special matters to be excluded.In order to study this theory,the article first gives a clear explanation of the basic definition of procedural government information,and then from the angle of balancing the right to know and administrative power and ensuring administrative efficiency,This paper analyzes the significance of restricting the right to know in a legal way,and at the same time guarantees the proposal of the privilege of exemption from procedural information disclosure.On this premise,the article takes the scope and exception of procedural government information exemption as the key research issues,and adopts the analysis.Law of practice,to discuss how cases in real life are tried,and according to the relevant legislation of the present day,to identify the most serious defects in the case,in which there is too low legal rank,and there is no same provision in different areas.The administrative organs have too much power in hearing cases,and the standards of adjudication of judicial organs are not uniform and so on.According to the above defects,combined with the procedural government information exemption system relatively perfect countries,starting from the specificsituation of our country,the feasibility suggestions are put forward.
Keywords/Search Tags:Information Disclosure, Process Government Information, Executive, Information Rights
PDF Full Text Request
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