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Research On The Legal System Of China Government Information Public Issues

Posted on:2011-03-27Degree:MasterType:Thesis
Country:ChinaCandidate:F ZhaoFull Text:PDF
GTID:2166330338976628Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The PRC Governmental Information Publication Ordinance enacted by the State Council was implemented on May 1, 2008, establishing formally the governmental information publication at the legislative level. Information publication stems from the theory in right to information derived from freedom of expression, and is also the implication of the contemporary theory in sovereignty of people, which can greatly balance the constantly expanding administrative power, effectively maintaining equity and in precaution of corruption. The legal structure of the governmental information publication nowadays in China is basically comprehensive and advanced, but many problems has exposed from its implementation. For instance, its principal is obscure, its scope not clearly defined, the holders of rights grossly restricted, with its conflict with other laws and the lack of maneuverability of its supervision mechanism, which will inevitably reduce its effect and make our research into this problem more realistic and important.This article firstly analyzes the background for and meaning of the administrative rules and regulations, and several important concepts are discussed, and based on this, the main provisions contained in the Ordinance are introduced according to their intrinsic logic. Due to the state's late start of the publication of governmental information, the advanced legislative experience overseas should be well known to us as reference. In this article, the cases in USA, the United Kingdom and Japan are cited as the subject of our research, from which the nutrition beneficial to the construction of governmental information publication in our state shall be derived. the three typical conducted a study on the State, as you seek to learn from our Government information beneficial to the public, for the construction of the component. Based on the work above, the essay stresses the analysis of the current information publication system, and points out the problems and imperfections existing in its principal, scope, effectiveness and supervision as well, and via my own thinking, presents some preliminary countermeasures, in the hope of perfection of this system.
Keywords/Search Tags:Publication of information, Governmental information, Legal system, Right to know
PDF Full Text Request
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