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On the government information disclosure claims

Author: WangDongWei
Tutor: HeBing
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Government Information Open Claim
CLC: D912.1
Type: Master's thesis
Year: 2006
Downloads: 225
Quote: 2
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Abstract

The legal system of open government information is currently China's administrative law theorists is a hot issue. But most scholars conduct research on the legal system of open government information itself, and not the government information disclosure claims concern. This paper argues that the legal system of open government information should be established on the basis of government information disclosure requests right, the most important matter to the citizen's right to know, to be fully protected, but also to fundamentally change our government promote government information ex officio public legislation and practice. Right to government information public for study and research as the basis for the legal system of open government information. In this article, the introduction and conclusion, is divided into four chapters: Chapter 1: discusses the basic theory of government information disclosure requests right, including the concept of open government information right analysis, the presence of the theoretical basis and its nature. Government information disclosure request the rights established in the law based on the citizen's right to information on the Constitution and the principle of popular sovereignty based. Open Government Information request rights is the right to know specific: it is established in law the right to information is no longer stay in the general abstract level, and also the right to know to become a \The enthusiasm of the right to request: You can make the citizens for their own needs positive action, request the Government to fulfill open the corresponding obligation of the government information. Chapter II: the main range of government information disclosure request right analysis, by comparing the provisions of other countries, combined with the provisions of the shortcomings of our reality, and pointed out clearly different for different kinds of government information, government information disclosure claims body. Government information disclosure claims is a relative rights, the exercise will involve the right to apply for a public information to a third party (such as the third party's personal privacy or trade secrets), so the law should protect the first the rights of the trio. Chapter 3: discusses the scope of the government information disclosure request the right to object. In determining the scope of the Public, must have not only the law, but also to determine the guiding principles to solve specific problems. Meanwhile, take excluded, clear and not open to the range of information. Publicly exception mainly due to reasons of public interest, administrative privileges and private interests rather than public information. Chapter 4: referring to foreign law and practice, discusses the realization and protection of the rights of government information disclosure requests. Request the realization of the right side, in the disclosure of government information and clear the the the disclosure obligations body and citizens making application. When a citizen of such a government information disclosure claims can not be achieved, can take relief approaches are mainly three: administrative reconsideration, an independent information commission and administrative proceedings.

On the government information disclosure claims

Abstract

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