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New Study on the Perfection of Remedy System of Government Information Publicity in China

Author: LiuBin
Tutor: ZhangChaoXia
School: Northwest University for Nationalities
Course: Constitutional and Administrative Law
Keywords: Right to know Basic principles of the relief system of government information publicity Rational Procedure Administrative reconsideration Administrative litigation
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 70
Quote: 0
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Abstract


May 1, 2008 the People’s Republic of China Government information publicity of the Ordinance enacted, in accordance with the law giving the public the right of access to government information expose requirements will also legal obligation of the government, and taken an important step of building a legal system of Government information publicity in China. However, with the government information public system advancement, if has not been connected the relief system“to escort the escort”,“new drawing a charge”the right to know for our country public can ever become surface the right on paper.But the reality is exactly that– the Executive uses "not interested", "information does not exist" and "involving state secrets" and other reasons form a glass door in the face of public enthusiasm for open applications. When frustrated people began to seek relief, we have demonstrated this new type of administrative disputes on the "powerless" and thus fell into relief the difficulty. Purpose of this article is to explore how to solve this problem, how to improve the relief system of Government information publicity in China made some bold ideas on the procedural, institutional, it is divided into four parts:The first part“introduction”, mainly discussed the topic of the research situation, the research significance, the research method, the topic of innovation.The second part of "the basic theory of government information public relief system ", mainly closely related to the relief of Government information publicity system definition, explanation of the basic concepts. Especially for the definition of "the acts of Government information to the public", in the context of academia generally not only qualitative demonstration, expand the theoretical analysis. And bright proposed the government information public relief system basic principle.The third part " the overview of Chinese and foreign government information public relief system ", in the list of extraterritorial has characteristics of relief system and in China of relief status for has macro of description of Foundation Shang, tightly around Government information open relief system of basic principles, expositions has extraterritorial Government information open relief system in China of reference of Department, pioneering of made has "additional administrative litigation simple program trial facts clearly, case simple, information open has urgent sexual of Government information open case" of envisaged.The fourth part“consummates our country Government information public relief system the conception”is this article core content. The so-called“new theory”that is“group development, overall promoting”, the path is: premise--key--the core layer, and mutual accommodation. Especially in the“related relief system improvement and the creation of”section, focusing on the perspective to program improvement. The key point was aims at November 2, 2009 the Supreme People’s Court to issue "Supreme People’s Court about Trying Government Information Public Administration Case Certain Question Stipulation" (draft for soliciting opinions), the system carried on has combed and proposed author’s revision suggested, put forward constructive proposed“instruction government information public lawsuit referee and "the adaptation paid administrative using `the case instruction system’”the demand, the introduction administration paid the lawsuit type".

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