Study On The Remedies Of Governmental Information Disclosure

Nowadays, government information publicity, or the Governmental Information Disclosure(hereinaftered referred to as"GID") has been the goal that governments and the public around the world striving for in constructing the systems of administrative openness and administrative procedure. As the evolution of democracy and basic civil rights, government information publicity is established to protect the citizen's right to know as well as optimize the service- typed government. The law proverb said,"No Remedy, No Right",GID is significant for obviating illegal act, safeguarding lawful rights and interests of the public, standardizing the administrative action of the government, protecting of the right to know and improving scientific and democratic decision-making mechanisms. As a milestone in our administrative system reform,Governmental Information Disclosure Ordinance of the People Republic of China was come into force on May 1st, 2008, which means the formal establishment of government information publicity in our country. During last two years, the remedy to GID has been actually strengthened and the citizen's right to know and right to supervise have been obviously safeguarded as well. However, it should be soberly realized that the legal relief system in our country is still insufficient comparing with that in foreign countries. The present study is aimed to summarize the basic theory of the remedy to GID, point out the current situation and the predicament in our country, and then, raise some pertinent suggestions about improving the relief system based on the experiences abroad.This article is divided into four chapters. In the first chapter,"The basic theory of the remedy to GID", it elaborates the theory of government information publicity system and government information publicity relief system, while show the three elementary theory of the relief system. The second chapter,"Commentary on current situation of the remedy to GID", analyses the implementation of"The Decree of Government Information Openness", through which shows the mainly problems in our relief system. In general, it is attributed to the defects in legislation, relief system self and the outdated concept.The third chapter,"Comparatively analysis on the GID remedies of Foreign Countries", further discusses the details in foreign relief system, learned from which to improve our governmental information publicity relief system.The final chapter,"The opinion of improving our governmental information publicity relief system", is the central part of this study. It sums up the former chapters and raises some advices on improving our governmental information publicity relief system. Specifically, there are three types of advices. On aspect of legal system, laying down the right to know in the Constitution, promptly formulating and confirming the content of the law on governmental information publicity are required. On aspect of administrative reexamination system, suggestions are in respect of extending the range of administrative reexamination, establishing administrative remedy preceding system, perfecting the process of administrative reexamination and founding the information publicity council. On aspect of judicial relief, advices refer to relaxing the plaintiff qualification, establishing the principle of clandestine investigation, strengthening defendant's responsibility for quoting evidence and establishing the litigation system against counteracting information publicity.