论我国公民知情权保护的法律规定及其完善

发布时间：2018-09-13 07:54

【摘要】：知情权作为公民的一项基本人权,早已得到世界各国的普遍认可。中国在过去是一个缺乏知情权保护意识的国家,相当长的时期,国内立法对于公民的知情权的保护缺乏足够的重视,随着社会的不断发展与进步,政府逐渐认识到让公众知情更有利于实现自身的职能,公民知情权的保障提上日程,越来越多的体现公民知情权的条文出现在法律法规中。本文通过对我国现有主要法律进行系统梳理,表明我国的法律规定中并不缺乏对于公民知情权保障的条文。全文分为四部分。第一部分阐述知情权的概念、分类及性质。指出,知情权概念源于西方,对它有广义和狭义两种理解,知情权概念包括“知悉”和“获取”两个层次的含义。依照不同标准,可以将知情权分为不同的类,知情权是一项具有综合性质的人权。第二部分对我国宪法、民商法、经济法、刑法、行政法及行政程序法关于公民知情权保护的规定进行了梳理。指出,我国其实并不缺乏关于保障公民知情权的法律,而且这些法律条文以明示或暗含的方式规定了公民的知情权。第三部分分析了我国保障公民知情权法律制度增多,及公民知情权法律缺失误解的原因。指出,随着我国法治国家目标的提出和建设、民主政治文化的发展、国际和国内人权事业的不断前进以及我国公民权利意识的提高,再加上经济全球化的影响,我国关于保障公民知情权的法律不断增多。而大众误认为我国缺乏公民知情权法律保护的原因则在于,立法与执法层面的剥离和立法上的不足。第四部分析剖析了我国保障公民知情权法律体制缺陷及其解决路径。指出,从我国保障公民知情权的法律体制来看,存在着一些缺陷,如宪法中缺乏明确的规定,缺少一部系统的《政府信息公开法》或《公民知情权法》,缺乏必要的救济途径,尤其是宪法审查制度的缺失,而完善公民知情权的法律可以从增设公民知情权的宪法条款,制定一部系统的《政府信息公开法》方面进行。该部分还论证了制定《政府信息公开法》的现实可能性,并根据我国的具体情况,对政府信息公开法的法律构建进行了比较细致的设想。
[Abstract]:The right to know, as a basic human right of citizens, has long been universally recognized by countries all over the world. In the past, China was a country lacking awareness of the protection of the right to know. For quite a long time, domestic legislation did not attach sufficient importance to the protection of the right to know of its citizens. With the continuous development and progress of society, The government has gradually realized that making the public informed is more conducive to the realization of their own functions, and the protection of citizens' right to know is put on the agenda, and more articles reflecting citizens' right to know appear in laws and regulations. By systematically combing the existing main laws of our country, this paper shows that there is no lack of provisions on the protection of citizens' right to know in the legal provisions of our country. The full text is divided into four parts. The first part describes the concept, classification and nature of the right to know. It is pointed out that the concept of the right to know originates from the west and has two kinds of understanding: broad sense and narrow sense. The concept of right to know includes the meaning of "know" and "acquire". According to different standards, the right to know can be divided into different categories, and the right to know is a comprehensive human right. The second part of the constitution, civil and commercial law, economic law, criminal law, administrative law and administrative procedure law on the protection of citizens' right to know are combed. It is pointed out that our country does not lack laws to protect citizens' right to know, and these legal provisions stipulate citizens' right to know either explicitly or implicitly. The third part analyzes the reasons why the legal system of protecting citizen's right to know is increasing and the law of citizen's right to know is missing. Pointing out that with the establishment and construction of the goal of a country governed by the rule of law, the development of democratic political culture, the continuous progress of international and domestic human rights undertakings and the improvement of the awareness of civil rights in our country, coupled with the impact of economic globalization, China's laws on the protection of citizens' right to know are increasing. The reason for the lack of legal protection of citizen's right to know lies in the lack of legislation and law enforcement. The fourth part analyzes the defects of the legal system of protecting the citizen's right to know and its solution. It is pointed out that there are some defects in the legal system of protecting citizens' right to know in our country, such as the lack of clear provisions in the Constitution, the lack of a systematic Law on the publicity of Government Information or the Law on the right to know of Citizens, and the lack of necessary remedies. Especially the absence of the constitutional review system, and the law of perfecting the citizen's right to know can be carried out from the addition of constitutional provisions of the citizen's right to know and the establishment of a systematic "Law on the publicity of Government Information". This part also demonstrates the practical possibility of making the "Law on the publicity of Government Information", and according to the specific situation of our country, it makes a detailed assumption on the legal construction of the Law on the publicity of Government Information.
【学位授予单位】：中共中央党校
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：D922.1

【相似文献】