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Citizens Constitutional Protection of the Right to Know

Author: LiuJuan
Tutor: MiaoLianYing
School: Zhengzhou University
Course: Constitutional and Administrative Law
Keywords: Right to Know Constitutional protection Fundamental rights Information Disclosure
CLC: D921
Type: Master's thesis
Year: 2009
Downloads: 131
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Abstract

At present, China is in a critical period of social transition, a variety of conflicts, is likely to seriously affect the social stability and economic development, can effectively resolve these contradictions will become a challenge to the government's ability to govern. In these contradictions, conflicts between government agencies and the people need the government to make a difference. Both sides need to resolve the contradictions of communication and understanding, the premise is to achieve information sharing. For the government side, it has a powerful human, material basis for the collection of information is not a problem, but the corresponding asymmetric information citizens are the weaker party in such a situation under the protection of citizens' right to information emerged. Theory and Practice shows that when we respect people's right to know, can the right to know the basis of open government through government initiative, making the government and the people through a wide range of communication, understanding and consensus reached on the basis of the Government and the contradiction between the public will be effectively eased eliminated. So in this case the right to know what is a right, why is there, its status, how to protect them requires us to study. Many foreign countries have already recognized the right to know and recognize the importance of this natural right, be included in the scope of the protection of national constitutions, and relevant international human rights conventions have also acknowledged the right to know the status of fundamental rights. However, so far, right in our Constitution has not been established position of fundamental rights of citizens, to protect the right to know just some of the bits can be based on the lower boundary laws, regulations and local government regulations. But even these provisions, is still fragmented, lack of a unified, effective relief measures and lack. Despite the adoption in 2008 of \right protection of the sky. In the theoretical field of study, compared with developed countries, we have the right to know in depth the lack of a systematic study of the system. For example, the right to know why it is necessary to protect the Constitution and how the Constitution, and on how to determine the status of the Constitution, and the Constitution and other relevant after the relationship between fundamental rights and other basic problems, we do not have a consensus. Although there are some successful models abroad, but also requires us to different national conditions to analyze specific issues. Since the party and the country made the rule of law and principles of the programs, the rule of law in China has become a frequently occurring words, and the rule of law is also increasingly in-depth country studies. The formation of a basic consensus is that the rule of law to follow the provisions of the legislation governing the country, not only individual citizens obey the law, public authorities must also act into law designated track. For public authorities, especially a requirement that the government in an open and transparent legal and policy to exercise their powers, so that \Therefore, the rule of law, national governments are open government, transparent government, to protect the information patency. The rule of law, citizens' right to information is a fundamental right. In addition, along with the accelerated process of democratic rule of law, civil rights growing awakening of consciousness, growing enthusiasm for political participation, the constitutional right to vote, to be elected to oversee the right to criticize other basic civil and political rights can not meet the requirements of democratic politics, and more many basic rights began to be called, and the right to information as one of the voices even higher. This is not just because it is the basis for the exercise of other fundamental rights, is the primary condition for citizen participation in politics, but also because it has become part of human rights in modern society. Therefore, in our amendment to the Constitution of 2004 provides that \And Marx once told us: \The banner of the market economy in our country to establish after a series of policy measures to tell the world we change the planned economic system, the implementation of the socialist market economy determination and courage. These policy measures are also, of course, including the reform of the political system. And because the history of the \, which is our market economy requires resources serious departure from the principle of free movement. Also the right to know the basic theory of the formation and legislative research in China has started late, one reason for the slow process. Therefore, along with the deepening of our reform, the information is to be rid of the traditional government monopoly, and against this powerful tradition requires us also to know the Basic Law's status as soon as possible, be included in the constitution protection mechanisms. This article attempts to explain the basic theory right, especially the right to know the background, concepts, attributes and rights of the Constitution as well as in foreign countries the status of international conventions such as analysis of the problem, according to foreign legislation and theoretical research situation, to tell you the full introduction to the constitutional right to know, right into the Constitution explore the theoretical basis and practical significance, indicating a right into the Constitution in our country, in theory, is feasible. Then, introduced the constitutional protection of the right to know our current status quo, which includes both the legislative situation exposition also includes the evaluation of legislative practice course, and with the case of these analysis and evaluation of the current situation, analysts pointed out that the right to know where the crux of inadequate protection, proposed constitutional guarantee of the right to know the reality of needs, indicating the importance of the right to know the Constitution urgency and necessity. Then based on the issues raised above analysis describes the specific steps right into the Constitution and the constitutional right to know the status of the specific arrangements for the text content. For the constitution upon the face of the most important issues, namely the right to know how to coordinate the relationship with other essential interests, this article will draw several typical basic constitutional rights and interests, through their relationships with the right to know how to coordinate the elaboration hope informed rights and related rights, benefits to find a better balance between the points. Finally, explore the constitutionally protected right to know specific measures, namely improving our government (referred to \In real life operable. According to the principle of the right to have relief, filed an administrative litigation and administrative reconsideration two remedies, and for the improvement of China's national conditions on both the aim is to improve the constitutionally protected right to know the overall mechanism.

Citizens Constitutional Protection of the Right to Know

Abstract

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