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Research On The Legal System Of Supervision Information Disclosure In My Country

Posted on:2020-12-02Degree:MasterType:Thesis
Country:ChinaCandidate:C Y SunFull Text:PDF
GTID:2436330596971113Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The reform of the national supervisory system aims to build a centralized,unified,authoritative and efficient national monitoring system.The newly established supervisory committee has a broader scope of supervision and a broader monitoring power.Monitoring the disclosure of information is conducive to strengthening the supervision of the supervision power,and protecting the legitimate rights and interests of the public,especially the respondents and their families.Therefore,it is necessary to deepen the study of the legal system for monitoring information disclosure,and further enrich and consolidate the theoretical system of supervision of Chinese characteristics and the theoretical system of human rights protection.At present,there is no article in China that specializes in monitoring the legal system of information disclosure.Occasionally,it is still a short-term discussion.The legal system for monitoring information disclosure needs to be innovated.Monitoring information is produced or learned by the supervisory authority in the process of exercising its supervisory powers in accordance with the law.It involves information on crimes committed by duties or violations of ethics,and is characterized by publicity,politics,confidentiality,and judiciary,and legislative information.Government information and judicial information differ in terms of the stage,extent,scope,and remedialness of disclosure.By sorting out the information disclosure status of the official website of the supervisory authority,Weibo,WeChat,spokesperson,Internet platform,etc.,it is known that the main body of China's monitoring information disclosure is unclear,the scope is vague,and the channels of active disclosure need to be expanded,and the procedures for disclosure according to the application are lacking.And the supervision of imperfect relief and other issues.Outside the country,the supervisory organs of Sweden,Finland,the United Kingdom,France,Hong Kong and other regions make full use of public opinion to encourage the monitored objects to perform their supervisory functions,publish annual reports and special reports to public opinion organs,and actively disclose information to accept social supervision.Therefore,it is possible to closely integrate the functional orientation of China's supervisory system reform,and appropriately learn from the experience of foreign monitoring information disclosure,and construct a legal system for monitoring information disclosure with Chinese characteristics from the two dimensions of entity and procedure.From the perspective of the entity,first,it is necessary to clarify that the supervisory committee is the subject of monitoring information disclosure.For investigation and investigation,government affairs and other information,the case investigation agency should perform the information disclosure duties;the case information for the case of taking the retention measures must pass the superior supervisory authority.Approved to be open to the public;and for cases of review,review,or appeal or review,both of them involve the supervisory organs at the upper and lower levels,so both are the subjects of monitoring information disclosure;in addition,the resident agencies of the supervisory organs should also perform information disclosure duties..The second is to clearly monitor the scope of information disclosure,especially to clarify the initiative to disclose,disclose to specific subjects,prohibit public disclosure of information,as well as the interests of the public interest and business secrets,personal privacy monitoring information.The supervisory organ shall establish and improve the procedures for monitoring the disclosure of information.Specifically,the first is to deepen the procedures for proactive disclosure of information,expand the way of information disclosure,clarify the time limit for information disclosure,and establish a confidentiality review system.The second is to establish a procedural mechanism for publicly monitoring information according to the application,and it should distinguish whether the information that the parties apply for disclosure is related to the interests of themselves and their close relatives.The third is to establish a monitoring mechanism for monitoring information disclosure,and actively accept supervision by the people's congress,internal supervision and public opinion.The fourth is to give the parties the right to file an administrative lawsuit and to establish judicial relief and state compensation procedures for monitoring information disclosure.
Keywords/Search Tags:Supervisory committee, Information disclosure, Entity construction, Program design
PDF Full Text Request
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