Study On The Realization Plight And Emergent Relief Path Of The Right To Information

With the development of society,advance of rights awareness of the public and rapidly growing popularity of network, public desire to know the administration is becoming stronger and stronger.From the long-drawn-out, "South China tiger" incident to the intense reaction Weng an "6.28" incident, and Yunnan Jinning " Peekaboo " case, all show that the public desire to know information of the government .Forestry Department of Shanxi Province issued false information of the wild South China tiger which infrcat the rights of the public to know the administration. In my article, with a typical case that Hongjinsong sued the State Forestry Administration as an example , I try to explain the fact that the public rights to know was interfered and wasn't effectively_infracted, and try to explore an independent law way to relieve.My article is divided into the following parts:Part I: Through discussing the the case that Haojinsong issued the State Forestry Administration, I extract the focus of the Haojinsong case: The administrative action that the Shanxi forestry hall announced the discovery of wild Southern Chinese tiger in Zhenping county to the society whether or not is the concrete administrative action and whether this behavior does have the tangible impact on the Haojinsong's rights and obligations.Part II: By an empirical analysis research method, I try to give a detailed elaboration to the focus which is mentioned in the Part I. The concrete administrative action's characteristic has three aspects: From the main body, the concrete administrative action must be the behavior that administrative organs exercise authority; From the object, the concrete administrative action only has the potency to the specific citizen, legal person and organization; From the content ,the concrete administrative action is a decision that establish, change or eliminate the administration relative person's rights. This article try to analyze the administrative action which was made by the Shanxi forestry hall from these three aspects. From the analysis, we may see that this administrative action is not the concrete administrative action, and can not be prosecuted. But it has actually violated rights that the social public including Haojinsong know administration.Part III: Combinated with China's reality, I try to reveal that why it is difficult to guarantee the public's rights to know our country's administration, and further explain the importance to guarantee the public's rights to know our country's administration.Part IV: Inspirated from action that the related department formed the net friend Investigation committee to investigate "the peekaboo" event, I propose tentative plan to establish a committee that reports the harm to administration rights to know, thus solute the Legal obstacles that administrative organ infract unspecific object by abstract administrative action, which can combine the rights to restrict the authority and authority e restrict the authority effectively.