Study On Right To Know Of The Citizen In The Vision Of The Constitution

The remarkable growth of economics has drastically changed the law system in China today. Right to know, which is a kind of new developing right for Chinese as well as a kind of strong and flourishing basic human rights in west. Based on the necessity of strengthening the construction of Constitution and Administrative law, especially under the socialist market economy, Right to know, its basic theories and meanings should be recognized before developing it. The structure system of human rights law and the protection of its legal relation should be affirmed to accept the challenge from advanced technology to the law science, to achieve the goal of democracy and rule by law.This thesis consists of four chapters: In chapter One, as we know, jurisprudence is the general theory basic theory and methodology of law and science of law. From this localization of this point, the author tries to illustrate the theoretic foundations and issues of jurisprudence, which go through the whole system of Right to know. On the basis of analyzing above-mentioned questions, the author gives a conclusion that Right to know should be recognized as a kind of the basic human rights and be stipulated in the Constitution by the authority.In chapter Two, as Right to know is in present China a new kind of basic human rights with the most comprehensive contents and newly reformed structure. For the purpose of meeting the need of opening to the outside world and modernization of law system , the author seeks to elucidate accurately the difference of Right to know, when it works as private law and public law separately, so as to solve fairly and reasonably the disputes relating with national securities , commercial secrets and individuals'privacy.In chapter Three, the author mainly expounds background , formation and development of《Freedom Of Information Act》(FOIA), which is the product of the people's right to know and the practical reason. The author also emphasizes that the government should take the supporting policies under their long-term strategy consideration, meanwhile the government should ensure the transparency of the information and stringency of the execution. In chapter Four, the author introduces the status Quo and scarcities in our current law system, such as National People's congress has not taken its full responsibilities under the Constitution to make the laws for Right to know, particularly, lack of necessary administrative procedure act to the public. Thus, it is urgent to construct the system of Right to know with Chinese characteristics.The author believes that scarcely any law can be made which is beneficial to all, but if it benefits the majority it is useful. People's right to know and governmental transparency , which is the only way to a society ruled by law in China,is one of the most basic social...