Study On The Remedies Of Governmental Information Disclosure

Governments in the information era,as the biggest owner and holders of data,shall be responsible for the disclosure of said data,which shall be the fundamental obligations of government and shall be necessary for modern democracy.It is reported that the Governmental Information Disclosure(hereinafter referred to as "GID") Laws have been enacted by more than 40 countries around the world,including but not limited to United States,U.K.,Japan and Australian,therefore,it is a trend for the disclosure of governmental information to the public.Our country,as to such issue,is delay from the current situation,provided,however,upon long term preparation,the state legislation(Governmental Information Disclosure Ordinance of the People Republic of China) has been adopted and shall come into effect from May 1^st,2008,which shall be critical for the facilitation of Social Democracies and construction of legal,bright and transparent administration.No Remedy,No Right,as the old saying goes,the remedy to GID shall be one critical part of the system design of the said disclosure,which may be justified from the legislation practices of many countries.There are some defects on the choice of remedial models and connection of remedial systems reflected from the system design of the GID,therefore,I will,upon the integration of the existing studies,make a more in-depth thought in the Analysis & Compare basis and provide my own opinions subject to the analysis of actual situations of our country,the modification of limitation stipulations such disclosure from the existing laws and regulations and the perfection of remedies on the related remedies,therefore,this thesis shall, for the purpose of proving my opinions,be divided into the following three parts:The main topic of this part is to outline the definition on the remedies of GID,as well as the analysis on the current legislation of GID remedies;Part 1 Summary on the Legislation & Studies of GIDThe main topic of this part is to outline the definition on the remedies of GID,as well as the analysis on the current legislation of GID remedies;Party 2 The Compare & Analysis on the GID remedies of Foreign CountriesIt is believed that despite the gradual development of practices and legislation on GID remedies in our country and the establishment of legal systems,the legislation practices of various countries should be referenced for the further development of our country's GID.The current practices of Japan,U.K.and United States have been chosen in this thesis as references, upon the introduction and analysis on the GID of the said countries,it can be concluded that the common features are under the above GIDS:the smooth connection between administrative remedies and judicial remedies, the existence of independent remedies to the third party,the special rules within judicial remedies and the unlimited qualities of plaintiffs.Party 3 Recommendation to the GID Remedies of our CountryThis part shall,upon the analyses in the said 2 parts,make fundamental analyses to the GID remedies of our country,i.e.,provide the main defects existed in the DID of our country and recommend the satisfying plans to the same,which include the establishment of the principles of First Administrative Remedies and Final Judicial Remedies, the fulfillment to the constitutional rights of civilians(i.e.the right to know),the incorporation of Information Disclosure Review Committee,the establishment of Secret Review System and the constitution of proceeding for non-disclosure.