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Into The Constitution Of Our Citizens The Right To Know

Posted on:2009-02-26Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2206360272984923Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
In the modern democracies society governed by law, the right to know is a base right which the citizen enjoys, is the foundation and core of any rights of citizen's and it has already got the general approval of many national laws and effective guarantee of the system. However, the Chinese citizen right to know only is on aspects of the theoretical research, leaks the constitution explicit stipulation and the concrete system safeguard implementation. Because the executive power has the tendency to expand constantly, the administrative organ contact citizen the closest and grasps more than 80% public information, the citizen right to know should be realized by the way of administrative information public mainly, it is effective way and important means of ensuring the citizen right to know to realize that the administrative information discloses mechanism, the right to know is the legal principle foundation of the administrative information discloses.The right to know has 5 characteristics: universality, dualism, fundamentalism, integrity and parity . First, the universality of the right to know is one of the basic characteristics. The main body of the right to know is extensive, and it includes citizens, legal person and other social organizations . Secondly, the right to know the scope is abroad across the public and private areas. The dualism nature of the right to know means it is both a procedural rights and a substantive right. Although the right to know are wide spread branches of law, the right to know is not a general right but a pre-right that guarantee other rights to exercise. Without the basic right of the right to know, there is no real significance to the political and democratic right. The right to know is a product in the interaction between "informed" and "inform" .It's a combination of positive and negative right. Because of the exercise of the right to know must pass the main acts by the other sides compliance with it's obligations, and it can be finally realized. The Possession and consumption of the right to know is a equal course of completion for all the main body. The equal right to know is the key to justice and the rule of law, which is the key Point to the Parity of the right to know.The article beginning from right to know is divided three parts:The first part mainly discuss definition of the right to know, the subject of the right to know , contents of the right to kwon and the basic right attribute of the right to know.The second part introduces the questions in our country situations of protection for right to know and analyses the reason. The constitution's affirmation the right to know is a premise to exercise of other foundation rights, the need of the construction of democracies society governed by law and the need of perform the obligation of "International Covenant on civil and Political Right" , so the constitution affirmed the right to know is necessary.The third part, the author introduce the idea after the constitution affirmed the right to know to make perfect our country law system to guarantee the right.
Keywords/Search Tags:the right to know, basic right attribute, the constitution stipulate, the system guarantee
PDF Full Text Request
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