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Exception Rules for Government Information Access

Author: WuWeiMin
Tutor: YinXiaoHu
School: East China University of Politics and Law
Course: Constitutional and Administrative Law
Keywords: Exception to the rule Information disclosure Government Information The system of open Exception applies Relation of Construction of Constitutional Government Two pillars State Secrets National legislation
CLC: D912.1
Type: Master's thesis
Year: 2003
Downloads: 385
Quote: 7
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Abstract


The thesis attempts to discuss the government information disclosure system from the government information disclosure exceptions angle . The full text can be roughly divided into three parts of the theory , practice and prospects . In the theory chapter , the author first discusses the meaning of open government information . Information disclosure include active public and the public in accordance with the application , is one of the two pillars of modern democratic political system , its theoretical basis is the citizens ' right to know . Subsequently , the authors attempted to define the concept of information disclosure exceptions to the rule . Examine the relationship between the legislature and the information disclosure , the exception to the rule in this article include applicable exceptions and do not apply in both cases . The paper discusses the content of information disclosure exceptions (ie, the scope of the reverse of the government information disclosure obligations defined ) as well as the relief system . The author went on to focus on the United States , Canada , Japan and Hong Kong of the legislation quoted . In practice papers , the authors believe that the country , although there is no national legislation of the government information disclosure , but the proposition of information disclosure is an objective existence , also recessive exception rules abound . The authors believe that the main content of state secrets , personal privacy and commercial secrets is a real exception to the rule and expand its meaning and impact of the provisions of the relevant norms for public information , the author also briefly discussed the work of secret intelligence concept . In the last part of the Outlook chapter of the first comprehensive review of the history of China's information disclosure practices and specific legislation , and focused on the content of the exception to the rule in the relevant legislation or draft . Comments and suggestions on the expertise of government information disclosure legislation . The author believes that China is on an irreversible road to democratization , but how to establish the relevant system suitable for China's national conditions every rational Chinese people should seriously consider . One of the core issues of the government information disclosure system is the scope of disclosure . Would be beneficial to explore the Chinese constitutional construction .

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