Research On The Legal System Of Government Financial Budget Information Disclosure

With the promotion of socialist democracy and legality in China, taxpayers' right consciousness is enhancing, which poses a higher demand for perfecting the government budget information publicly. Although as early as in 2008, the State Council approved the government information disclosure regulations. After that, local government, the ministry of finance and other government departments formulated rules, regulations and measures with details related to the regulations of the State Council, such as "budget law" revised in 2014 which set "open and transparent" as the basic principles of budget law and developed the fundamental system of government budget information disclosure. However, these efforts still cannot satisfy the public's requirements for the government budget information publicity. In practice, the level of budget information transparency of the government is still very low. Budget information cannot be announced to the public timely and completely, the content of which is ambiguous. Besides, the lack of effective supervision, accountability, and relief mechanism exists in the executive and judicial procedures; the public's right to know and to participate cannot be implemented; budget allocations become unfair and even corrupted, which cannot be prevented and corrected. Therefore, to perfect the legal system of government budget information disclosure in our country is imperative. This paper will fully explain the related principles and theories and put forward useful suggestions according to the status quo in our country.This dissertation is divided into four sections, except the introduction and the conclusion:The first section demonstrates the theoretical basis of government budget information disclosure legal system from five aspects: the administrative control theory, the citizens' right to know, public finance theory, principal-agent theory and information asymmetry theory. First of all, the theory of administrative power is the initial starting point of the budget information disclosure; Second, the budget information disclosure is the guarantee of citizens' right to know; Again, budget information disclosure is the basic requirement of public finance; In addition, the budget information publication is the effective measures to avoid hidden behaviors in the principal-agent relationship; In the end, the budget information disclosure is the only way to eliminate information asymmetry between direct executors of state power and person who acquires the information, making sure the reasonableness and legalization of fiscal revenue and expenditure.The following section analyzes the current situation and problems of the government budget information disclosure legal system in China. There are four types of problems can be found in the present legislation and specific operation about budget information disclosure in our country. First of all, the budget information disclosure laws and regulations are not comprehensive: the regulations of the new "budget law" is too general; the effectiveness level of the government information disclosure is low; the force of other regulations is insufficient. Second, the budget information disclosure law lacks interoperability. The current law is lack of concrete and clear provisions or the regulations are not rational, such as the design of subject, scope, and content of publicity; again, the supervision of the budget information disclosure lacks force: internal supervision power is insufficient; external supervision lacks constraint; accountability mechanism is hard to work. Finally, the relief of budget information disclosure lacks security mechanism: the qualification of litigation subject is limited; the secret-review mechanism is absent. Through the analysis of the above problems, we can give the clear guidance to the following suggestions.The third section clarifies the government budget information disclosure legal system of foreign countries. Under the safeguard of the complete legal system in United States, the content of budget information disclosure is comprehensive; the methods are various; supervision and accountability are forceful. The content of budget information disclosure in UK is rich and easy to understand, which also reasonably set the boundary between publicity and privacy. In Japan, all the information including the draft budget, the relevant meeting records and budget monitoring information have to be disclosure timely, contributing to the fully understand of budget to the public. Russia promotes and perfects the legal system through the top, preparing budget for citizens; examine the information disclosure work of local government regularly, having a high level of public transparency. Through the comparative analysis of the extraterritorial experience, the article is aimed at providing reference for perfecting the legal system of information disclosure in China.The final section displays how to perfect the legal system of information disclosure in our country. After making clear the crux of the budget information disclosure in our country, the section compares and draw lessons from foreign advanced experience, for improving the legal system of our country's government budget information disclosure system: first, making the government information publicity law, perfecting budget information public legal system; second, refine the body, scope, content, form and time of publicity, improving the design concrete systems related to budgetary information disclosure; again, strengthen the supervision power of the National People's Congress, audit institutions, and the public, improving the supervision accountability mechanism of budget information disclosure; finally, construct public interest litigation mechanism and confidence-review mechanism, improving the relief mechanism of budget information disclosure.