On The Protection And Regulation Of The Public's Right To Know From The Perspective Of Transparent Government Information

The right to know is a basic human right in contemporary democratic countries under the rule of law and has been widely recognized.In the field of administrative law,citizens' right to know is mainly embodied in the administrative act of government information disclosure.On the one hand,citizens protect their right to know by applying for government information disclosure;on the other hand,information disclosure is the obligation that the government must fulfill to guarantee citizens' right to know.Therefore,the research on citizens' right to know under the government information disclosure system has a strong theoretical basis and practical support.Created in 2008 and in 2019,changed the law of the People's Republic of China government information disclosure regulations,for the first time to determine the "open as normal,not open for exception" principle,at the same time,the body of the revised regulations,the detailed information,expanding the scope of active public,perfecting the specific reply type,cancel the restrictive clause "three needs",optimizing the public deadline,these is great progress for effective protection of the citizens' right to know.However,it cannot be ignored that the revised regulations still have some problems,such as incomplete legislative system,conflicts with relevant laws and regulations,failure to adapt to data requirements,and insufficient performance of obligations by administrative organs in practice,which to some extent hinders the full realization of citizens' right to know.Citizen's right to know,on the other hand,as guaranteed by legal constitution of right,no doubt,but the exercise of any right has its boundaries,in recent years,the citizens beyond the scope of authority,abuse of right to know the phenomenon is more prominent,causing serious waste,administrative and judicial resources affect the normal administrative organ takes office,has violated the information disclosure system of legislative purpose.Although the new revision of the regulations on the abuse of government information right provided for administrative organs may not be processing,methods of charge a processing fee,but there are still supporting system is imperfect,fee standards to be clear,cognizance standard and way to solve a single problem,hindered the good conduct of the government information publicity system.In foreign,many countries have set up corresponding institutional guarantee the public's right to know,such as America's chief information public commission system,Croatia's punishment system and Japan "hesitation period" system is relatively distinctive,but these countries also face public abuse of right to know,to this,the United States through the elastic model,Britain through the nuisance application in censorship,Japan through in the legislation of the abuse of public application clear rules and regulation on the way of right abuse issues,such as,for reference.In order to ensure that the government faithfully discloses information and realize citizens' right to know,the right to know can be guaranteed through the construction of a complete legislative system,the establishment of specialized agencies and platforms,the strengthening of the review of exempted information,and the data-based development of information disclosure.At the same time,it is necessary through in terms of legislation formulation principle,charging system,unified standards,the administrative authority give the initial judgment power and the application of the term of flexible open,implementing administrative pre-review,justice set before litigation communication program,set up instructions before litigation system measures such as citizens to prevent the abuse of right to know,so as to promote the government information publicity system,enable citizens' right to know and governmental information publicity to balance development.