反腐视角下政府信息公开法的完善研究
发布时间：2018-08-01 19:07
【摘要】：在社会政治、经济等各方面飞快发展的今天,信息作为重要的资源之一,对政府权力的行使和公众权利的实现有着重要的价值。在信息拥有的份额分配上,政府拥有绝对多数的信息量,但是政府并不能独占其所拥有的信息,而应当作为公共资源为社会所共享。公众享有宪法赋予的知晓权利,政府承担相应的公开义务。政府信息公开制度作为行政公开的重要组成部分,是保障公民知情权的重要制度,是衡量服务型政府的重要指标之一,是法治社会建设过程中的重要议题之一,更是反腐倡廉的重要渠道和手段。我国的政府信息公开制度起步较晚,《政府信息公开条例》作为规范政府信息公开的重要法律依据,自实施以来取得了不小的成果,公众的知情权和监督权得到一定的保障,政府职能发生转变,社会主义法治建设进程长足发展。但是《信息公开条例》仍然有所欠缺,尤其是在腐败形势日益严峻的当下,依靠条例防治腐败显得力度不够,条例中的相关规定以及与其他法律之间的衔接存在着不足之处,难以充分发挥信息公开法律对反腐的重要功能。在反腐的视角下研究政府信息公开制度,对完善政府信息公开制度,预防腐败,建设阳光型政府有着新的价值。 立足政府信息公开法律法规,通过对政府信息公开法的研究完善,从法律层面出发,探寻影响反腐制度的出路。推动政府信息公开,促进透明法治政府建设是当下学界研究的热点,而从反腐角度出发,通过建立阳光政府继而实现法治和透明行政尤其重要。由于反腐问题的政治属性,本文拟在政府信息公开法律法规完善的研究中部分采用政治学分析方法,这也是本文的创新之处。本文分为导论和主体部分,导论主要阐述研究背景、研究意义、研究现状和研究方法,通过对反腐大背景下政府信息公开法律的现状分析,推出本文的理论和实践意义,主体主要分为三部分论述：第一部分,论述政府信息公开制度的反腐功能,从信息公开的概念出发,探讨信息公开遵循的基本原则,进而阐述政府信息公开制度在反腐方面的独特功能；第二部分,论述我国政府信息公开的现状,包括立法现状与实践现状,重点分析《信息公开条例》存在的问题与不足,为完善政府信息公开制度提供基础；第三部分,在前文的基础之上,提出完善政府信息公开制度的措施,以制定《政府信息公开法》、衔接相关法律以及健全监督保障机制、救济途径为主。
[Abstract]:Nowadays, with the rapid development of social politics, economy and so on, information, as one of the important resources, plays an important role in the exercise of government power and the realization of public rights. In the distribution of the share of information, the government has an absolute majority of the amount of information, but the government can not monopolize the information it owns, but should be shared by the society as a public resource. The public enjoys the constitutional right to know, and the government bears the corresponding public obligation. As an important part of administrative openness, government information disclosure system is an important system to protect citizens' right to know, is one of the important indicators to measure service-oriented government, and is one of the important topics in the process of building a society governed by law. It is also an important channel and means to combat corruption and promote clean government. The system of government information disclosure in our country starts late. As an important legal basis for standardizing the disclosure of government information, the regulations on the publicity of Government Information have made great achievements since its implementation, and the public's right to know and supervise has been guaranteed to a certain extent. The government function changes, the socialist legal construction process develops by leaps and bounds. However, the regulations on Information publicity are still lacking, especially at a time when the situation of corruption is becoming increasingly serious, it is not enough to rely on the regulations to prevent corruption, and there are some deficiencies in the relevant provisions of the regulations and the interface between the regulations and other laws. It is difficult to give full play to the important function of information publicity law on anti-corruption. The study of government information disclosure system from the angle of anti-corruption has new value for perfecting government information disclosure system, preventing corruption and building sunshine government. Based on the laws and regulations of government information disclosure and through the research and perfection of the law of government information disclosure, this paper explores the ways to influence the anti-corruption system from the legal level. It is a hot topic of academic research to promote the government construction of transparent rule of law and open government information. From the angle of anti-corruption, it is very important to establish sunshine government and realize the rule of law and transparent administration. Because of the political attribute of the anti-corruption problem, this paper intends to adopt the method of political science analysis in the study of the perfection of the laws and regulations of government information disclosure, which is also the innovation of this paper. This article is divided into the introduction and the main body, the introduction mainly elaborates the research background, the research significance, the research present situation and the research method, through the analysis of the current situation of the law of government information disclosure under the background of anti-corruption, puts forward the theoretical and practical significance of this paper. The main body is divided into three parts: the first part discusses the anti-corruption function of government information disclosure system, discusses the basic principles of information disclosure from the concept of information disclosure. Then it expounds the unique function of government information disclosure system in anti-corruption. The second part discusses the current situation of government information disclosure in our country, including the current situation of legislation and practice, and focuses on the analysis of the problems and shortcomings of the regulations on Information publicity. The third part, on the basis of the above, puts forward the measures to perfect the government information disclosure system, in order to formulate the "Law on the publicity of Government Information", link up the relevant laws and improve the supervision and security mechanism, The relief way is the main one.
【学位授予单位】：扬州大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.1;D925.3;D630.9
本文编号：2158548
[Abstract]:Nowadays, with the rapid development of social politics, economy and so on, information, as one of the important resources, plays an important role in the exercise of government power and the realization of public rights. In the distribution of the share of information, the government has an absolute majority of the amount of information, but the government can not monopolize the information it owns, but should be shared by the society as a public resource. The public enjoys the constitutional right to know, and the government bears the corresponding public obligation. As an important part of administrative openness, government information disclosure system is an important system to protect citizens' right to know, is one of the important indicators to measure service-oriented government, and is one of the important topics in the process of building a society governed by law. It is also an important channel and means to combat corruption and promote clean government. The system of government information disclosure in our country starts late. As an important legal basis for standardizing the disclosure of government information, the regulations on the publicity of Government Information have made great achievements since its implementation, and the public's right to know and supervise has been guaranteed to a certain extent. The government function changes, the socialist legal construction process develops by leaps and bounds. However, the regulations on Information publicity are still lacking, especially at a time when the situation of corruption is becoming increasingly serious, it is not enough to rely on the regulations to prevent corruption, and there are some deficiencies in the relevant provisions of the regulations and the interface between the regulations and other laws. It is difficult to give full play to the important function of information publicity law on anti-corruption. The study of government information disclosure system from the angle of anti-corruption has new value for perfecting government information disclosure system, preventing corruption and building sunshine government. Based on the laws and regulations of government information disclosure and through the research and perfection of the law of government information disclosure, this paper explores the ways to influence the anti-corruption system from the legal level. It is a hot topic of academic research to promote the government construction of transparent rule of law and open government information. From the angle of anti-corruption, it is very important to establish sunshine government and realize the rule of law and transparent administration. Because of the political attribute of the anti-corruption problem, this paper intends to adopt the method of political science analysis in the study of the perfection of the laws and regulations of government information disclosure, which is also the innovation of this paper. This article is divided into the introduction and the main body, the introduction mainly elaborates the research background, the research significance, the research present situation and the research method, through the analysis of the current situation of the law of government information disclosure under the background of anti-corruption, puts forward the theoretical and practical significance of this paper. The main body is divided into three parts: the first part discusses the anti-corruption function of government information disclosure system, discusses the basic principles of information disclosure from the concept of information disclosure. Then it expounds the unique function of government information disclosure system in anti-corruption. The second part discusses the current situation of government information disclosure in our country, including the current situation of legislation and practice, and focuses on the analysis of the problems and shortcomings of the regulations on Information publicity. The third part, on the basis of the above, puts forward the measures to perfect the government information disclosure system, in order to formulate the "Law on the publicity of Government Information", link up the relevant laws and improve the supervision and security mechanism, The relief way is the main one.
【学位授予单位】：扬州大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.1;D925.3;D630.9
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