Study On The Right To Know Administrative Information

The modern time is a time of right, the right to know administrative information, as a new style right, has been paid more and more attention among various rights. Through the legal system of the open institutions of administration to protect the right to know administrative information has become the common accepted and practiced way among countries all around the world. With democratization and legislation going on, the secret model of conventional administrative management has not been able to match the social development. To establish the system of the open institutions of administration to make the public have the right to know administrative information has become hot topics all around the world. In our country, the legal system construction that guarantees the public's right to know administrative information were just being put into practice and the right to know administrative information depends excessively on the policy measure and lack of the legal support. With these factors, it is very hard to full guarantee the right to know administrative information. According to the above-mentioned consideration, this paper tries to change former scholar's research mode studying only the open administration, regard the right to know administrative information as the point of departure and marriage of the research, positioning the open administration on the way, means, path of guaranteeing the right to know administrative information.This paper has eight parts, including introduction,text and conclusion. The text regards the source of the concept of the right to know administration as the logical starting point, individually analyzing the concept of the right to know administrative information, the theoretical basis of the right to know administrative information, the brief study of the right to know administrative information in foreign countries and the international protection of the right to know administrative information, the construction of the safeguard system of the right to know administrative information as the logical end-result.The part of the"source of the concept of the right to know administrative information"use the comparatively developed countries of the right to know administrative information system as Sweden, Britain, Japan and American, to review and analysis the awareness of the primitive conscious of the right to know administrative information of their civil, to card the ideology including the concept of the right to know administrative information before the appearance of the concept of the right to know administrative information and to seek the historical background, the condition and the precipitating elements of appearance of the concept of the right to know administrative information in the historical span. The concept of the right to know administrative information and the thoughts of the right to know administrative information is derived from the conscious of the right to know administrative information, without it, the right to know administrative information will become the water without a source and a tree without roots. The concept of the right to know administrative information was grown up gradually and being advanced after a process of consciousness awareness and thoughts bourgeon and its appearance has reflected the given democratic political background of that certain time, indicate the coming of a new age and reflected the new resort, new ways and new paths of the common people seeking for democracy. The process of the awareness of the ideology of the right to know administrative information—the bud of the thoughts of the right to know administrative information—the appearance of the concept of the right to know administrative information indicates that the right to know administrative information is more a crystal of the common people's fighting but a product of the information age.The part"resolution of the right to know administrative information"has made an unscramble and analysis of the meaning, the capacity, the attribute and the subject and object of the right to know administrative information. The western academic circles and the legislation circles still unable to decide which is the right description of the right to know administrative information after the long time appearance of this concept. The interpretation of the concept of the right to know administrative information of many scholars, in most cases, lead to the mass status of the understanding and usage of the concept of the right to know administrative information of publics. To decompose the concept of the right to know administrative information as three parts of"know","administration"and"right"to make the literature analysis could grasp the connotation and extension of the right to know administrative information fully and deeply. The right to know administrative information is an aggregation of rights, including right to learn the truth (the right of the subject of right of the right to know administrative information to know the related information initiatively published by the government agency),the right to obtain(the right of the subject of right of the right to know administrative information to require the subject of obligation of the right to know administrative information to publish the information the should be known ) and remedial right (the right of remedy of the subject of right of the right to know administrative information after the infringement of their right to learn the truth and the right to obtain). It includes both the human right attribute and the political attribute so it is not only an basic human rights but also an basic political rights. But the right to know administrative information is not absolute or sovereign, it also might conflict with other legal rights and powers. So the scope of the right to know administrative information should be affirmed scientifically and reasonably.The part of"the theoretical basis of the right to know administrative information"had made an excavation to the theoretical basis of the right to know administrative information: the theory of social compact, the theory of ultimate popular sovereignty proposed by the western scholars and the dissertation concerning the revolutionary political openness of Marx and Lenin is the justice basis of the right to know administrative information. People, in order to cast off the inconveniences of the nature, conclude the contract, remise some of their nature rights to the government, to entrust the government to exertion the power to manage the society and form the relationship of"entrust--deputy"between the common people and the government. The people is the assigner, the consigner and the obligee and the government is the assignee, the attorney and the obligor. In this case, the demos certainly should maintain the right of superintendence and the right to know administrative information is a must for the exertion of the right of superintendence. The theory of popular sovereignty, also called as the theory of ultimate popular sovereignty has concentrated on expressing the political ideology that all the powers of one country came from people, derived from the people and serve the people, which definite the basic relationship between country and people newly: people is the proprietor and the owner of the country power, the master of the country power and the public power of government derived from the authorization of people and were invested by people. Based on this, the people have the right to know and understand the activities of the government and its related information and the government bared the obligation to publish the pubic information it owns. The system of democracy has achieved its validity all around the world in the 20th century and the protection of the right to know administrative information or the openness of the government is a requisite for the function of the democratic politics. Lenin said that it is very ridiculous to talk about democracy without the right to know administrative information, the right to know administrative information is an embodiment of the democratic rights of people's rule of roost and decide and it is the precondition and the basis for the citizens to exertion their other democratic rights. The validation of any rights of law has its merit end for the whole legal system. The transit of the right to know administrative information from the postural of it is to the postural of it is ought to be indicated its multiple merits as democracy, order, equality and antisepsis.Up to now, more and more countries all around the world has established the system of people's right to know administrative information and the open administration as the form of legislation. The part of"the brief study of the right to know administrative information in foreign countries"made an review and comment on the legal system of the right to know administrative information in some representing countries as Sweden, Britain , American and Japan so as to enlighten the construction of the legal system of the right to know administrative information in our country. The part"the international protection to the right to know administrative information"has made some to the legal articles concerning the protection of the right to know administrative information in some international and regional Conventions or treaties. The confirmation of the right to know administrative information as one of the human rights in the international legal text, not only established the basis for the construction of the legal concerning the open administration and the right to know administrative information, but also accelerated the legislation process of countries all around the world.The part of"safeguard system of the right to know administrative information in our country"analyzed the status quo of the protection of the right to know administrative information in our country: Although the legislation of our country hinted the ideology of the right to know administrative information and the open administration also showed the bud of the ideology of the right to know administrative information in practice, however, the vacant of the legal system of the right to know administrative information made it very hard to protect the right to know administrative information and the phenomenon of trample and disregard of the right to know administrative information emerge in endlessly. Thus, our country should establish and improve the safeguard system of the right to know administrative information: not only enhance the legislation protection to the right to know administrative information, to hold the right to know administrative information definitely into the constitution, to enact unitive the Open Administration Law, the Press Law , to modify the Administrative Reconsideration Law and the Administrative Procedure Law and to enhance the administrative protection to the right to know administrative information through the judicial protection system and use the supervision and protection system of the American congress as a reference.We believe: Through the unceasing deeply of the theory and practice of the right to know administrative information, the right to know administrative information, a right based on soil of democracy, human rights and the rule of law, derived from the nature of human beings and reflected the development direction of the civilization of human beings will be fully and pressingly protected in the coming future and will become the foundation stone of creating a transparent, equal, justice and stable society.