The Legal Protection Of The Right To Know

The right to know is the citizen, the legal person or other organization learns about (seeks with gain) the information right. Although it is a new human right which appears after World War II, but complex will be complex as a result of the modern society, the information will learn about or not as well as the information learns about the degree, has directly related people's political benefit, the economic and the person benefit, therefore, the right to know will be more and more valuable in the world scope, will regard as a basic human right and already written by very many national stipulation in their constitution. It can be said that, the perfect degree system of the right to know directly has reflected a national democracy and the constitutional government level.This article draws up from the basic question of the right to know. Related the legislation present situation of the right to know in our country, profits from other countries about the legal rule and the legal practice of the right to know, to make a shallow discussion in our country legal protection question. This article altogether divides into three major parts:The first part:"elaborates the elementary theory of the right to know", this part is composed by five levels.First, the production and the development of the right to know. The right to know produces to the Bourgeois democratic revolution time, is called one of the three big new human rights in 20th century world. As a foundational right, it is being more and more valuable for people. Regardless of it in USA, Germany as well as Northern Europe and so many countries, carried out the information through the legal form publicly, the information has been free, truly safeguarded the citizen to know the circumstances of the matter the power, but also had many countries written it in the constitution to take a basic right protected.Second, the concept of the right to know. The right to know develops later in our country, the scholars according to the summary of the abroad to define the right to know, there are broad and narrow defines. In order to be advantageous for the article discussion, we define the right to know as the legal person or other organization has the information regarding the administrative organ to know or the request public right.Third, the attributes of the right to know. This part has the foundation role in my article. The right to know does not expressed in our Constitution, does not protected as a fundamental right. So how to protect it by legislation or system is the question we need to discuss. After a specific analysis of the relationship of the legal rights and standardize, We have the analysis of the right to know, we should know that it is the basic human rights of the citizens. For the realization of the rights of other citizens, he played a fundamental role and should be protection clear in the Constitution.Fourth, the main contents and body of the right to know. The main body including the subject of object and the voluntary main body, during model overseas stipulation, knew the main body of the right to know in our country as any citizen, but did not limit to the formidable sponsor, simultaneously the voluntary main body administrative organ's scope extremely was also wide spread. Regarding the content of the right to know also not only to refer passively knew the understanding of the right to know, simultaneously includes count for much knows the circumstances of the matter the request power as well as obtains the relief the right.Fifth, the relation between the right to know and other rights. Although the right to know cannot directly bring the economic for the citizen, but he actually is the foundation and the safeguard of the citizen property rights, personal rights as well as suffrage exercises, only has knows the circumstances of the matter can the active oversight be able to carry on the interaction.Second part:"The theory basis and the value foundation of the right to know", this part is composed by two levels.First, the theory basis of the right to know. The right to know is established in the people's sovereignty theory foundation, the people transfer an own right part, exercises by the state agency, the nature he had the right to understand the state agency working condition and gives supervise corrects, therefore must entrust with the citizen the power, like this can true being master of own affairs.Second, the power value foundation of the right to know: the power function of the right to know not only to manifest in is the citizen other rights foundations, is also advantageous to realizes the political democracy, moreover to prevent the corrupt improvement government manages the pattern the effective way, strengthens the understanding of the right to know not only adapted the present international on development tendency, more over meet the need of the WTO rule for China.Third part:"The perfect safeguard concrete measure of the right to know in our country", this part is composed by five levels. Third part:"The perfect safeguard concrete measure of the right to know in our country", this part is composed by five levels. First, the safeguard present situation in our country for the right to know. Although the constitution in our country does not explicit stipulated the right to know, but the people's sovereignty principle in the constitution establishes the foundation for the right to know. Simultaneously at present ,in many specific laws and the place laws and regulations, appeared about the safeguard of the right to know and the participation right.Second, the flaw existed in our safeguard of the right to know. At present our country exists knows the circumstances of the matter the power legislation system not to be imperfect, although the specific law are enough, but lacks the coordination between others. It will causes the safeguard law content not to be incomplete. Simultaneously our country consummation citizen benefit expression mechanism, the function of the social group's is emaciated, is unable to display the collective power to carry on the demand. Again adds not the corresponding relief system design, enables to know the circumstances of the matter the power reality now as before to be asunder the indefinite condition.Third, the constitution confirmed the right to know's status. According to the international convention, many countries will know the right to know in the constitution, took the basic right protect, this will be most effective also the powerful way, our country should profit from this procedure. In the concrete design, we have enumerated the constitution explanation method and the constitution revision method, and has carried on the bold tentative plan to the concrete chapter arrangement.Fourth, the concrete legal system for the safeguards. Which national isn't the system design certainly directly imitates the stipulation that simple matter, often needs to carry on the massive inspections and the comparative analysis in the practice. Our country citizens know the circumstances of the right to know system design, must consummate the correlation legislation, formulates"Government Information Public Rule", is clear about the public principle, provide relief's the measure in particular the arrangement, may consider sets up the information public committee system in our country. Simultaneously wants the standard necessary legislation, like"News Law","Security Law"and so on.Fifth, the necessary measure consummation of the right to know. Establishes the information of the government registration book, is advantageous for the citizen to apply for the consult correlation information, simultaneously given the corresponding administration and the criminal punishment for regarding conceals the responsibility person which hide the information, intentionally unfair opens the information.