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Research on the Legal Remedies of Controversial Issue about Publicity of Government Information
Author: ShiLiFang
Tutor: XiongShiSheng
School: Jiangxi Normal University
Course: Constitutional and Administrative Law
Keywords: Construction of open government information Remedies Administrative relief Judicial relief Executive compensation
CLC: D922.1
Type: Master's thesis
Year: 2010
Downloads: 87
Quote: 1
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Abstract
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"The People’s Republic of China on Open Government Information" has been promulgated and implemented more than a year, this was seen as China’s government information in a dawn of legislation and administrative regulations, once enacted it caused ongoing community concern and hot . About it all the praises filled the ears, but at the same time, emerging around the controversial case of open government information that the citizens know the right information and the executive information disclosure obligation still exists between friction and conflict, and the Dealing with the government information disclosure are also legal remedies that protect the system’s legislative shortcomings become pronounced. Therefore,With the protection of rights legislation does not guarantee the right to realize, how to formulate a sound legal relief system to guard the rights and make it really to be achieved in practice? This is the original intention of the author writing this article.In this paper, a comparative analysis of theory with practice and other methods, on the theory of open government information to analyze, learn from successful experiences of some foreign countries, China’s government information on the implementation of law arising in the process of relief aspects of the study Improvement of government information made legal remedy regime. Content and structure of this paper is as follows: the first chapter, the basic system of open government information overview. Government information, government information, government information such as the concept of public law remedies are levels of analysis,Construction of open government information system from the theoretical framework; the second chapter, foreign government information system of legal remedies. This chapter describes the system information of several developed countries, the public administration of government relief, non-judicial remedies, quasi-judicial remedies and judicial relief system. Introduce their advanced experience in the related systems were also analyzed pairs of Woguo of reference; Third Zhang, China’s Freedom of Information legal remedies the situation and problems. China are analyzed through case describes the implementation status of open government information and government information on the legal remedies open problems; the fourth chapter, Establishing Government Information legal relief regime. In our system of government information available legal remedies within the framework by improving the reporting system, breaking the existing system of administrative relief, detailed administrative litigation relief to absorb administrative compensation system, and several other proposals.
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