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论我国行政信息公开之立法

Discuss Country Administration Information Open Legislation

【作者】 张博

【导师】 李牧;

【作者基本信息】 武汉理工大学 , 经济法, 2010, 硕士

【摘要】 行政信息公开是行政行为及其信息向行政行为利害关系人和社会公开的法律制度。行政信息公开的内容已经零散地体现在我国宪法、立法法、行政处罚法等法律法规中,一些地方也初步建立了地方政府的信息公开制度。但由于各种原因,我国行政信息公开立法还存在许多问题,迫切需要制定一部统一完整的《行政信息公开法》,明确行政信息公开的权利主体和义务主体,确定行政信息公开的内容和程序,加强对行政信息公开的监督和救济。所以本文即以此为出发点展开论述,在介绍国内外研究现状之后,提出本课题研究的意义在于从立法这个全新的视角对政务公开进行探讨,但对政务公开的理解必须从基本理论进行总结,包括内涵、国际源流及国内发展等。有了这些基础,才能着重探讨引入立法领域的必要性,在指出政务公开存在困境的基础上,从立法角度进行重点分析《条例》对政府信息公开制度的发展,发现完善政务公开更能适应市场经济的发展,以此提出引入从立法角度对政务公开进行研究的理论价值及现实意义,在理论论证的基础上,以美国的政务公开立法为例进行实证分析,从立法角度体现政务公开的作用,包括从立法模式、实施机关、获取方式、公开方式、公开机制、主管机构等方面进行比较分析,进而提出对策来完善政务公开制度,以期从更多角度对政务公开进行论述,推动社会的发展。

【Abstract】 Information Civilization is the agricultural civilization of human society to an industrial civilization advanced stage, is a significant symbol in the modern society.Chief public is a political goal that Modern democratic countries generally pursue.The right of access to government information is an important human rights that the public generally pursue.The rule of law in modern countries, the principle of openness applies to almost all areas. Chief public legal system has been set up in Some developed countries.In recent years, the topic of Chief public has attracted wide attention from academics,and Related research are abundant, however, there were still many shortcomings and deficiencies, most Perspective in the Administrative Law, rarely from the perspective of economic law on the conduct. Administrative affairs of the society itself, attributes, determine its purpose is to safeguard the public interest community, to protect citizens right to know, to promote the construction of a service-oriented government, to promote the market economy and the development of a harmonious society. The economic law from the date of its produce, the "community-based" as its ideological foundation to the overall interests of the pursuit of social responsibility, is complete social law. Chief Economic Law from the Perspective of an open study is particularly important.So this started as a discussion starting point. In introducing the study of the status quo at home and abroad, the significance of this research from the Economic Law of of this new perspective is to study administrative affairs,but Summarize the basic theory of the public, including the content, the international origins and national development.So it Focuses on the need for the introduction of economic law perspective, which first pointed out that the Chief Administrative Law under the open vision of the plight of the existence, Law and Administrative Law after the relationship between the focus of analysis, it Can adapt to the market economy,as proposed by the introduction from the perspective of economic law on the administrative affairs to study the theoretical value and practical significance.To the "two-oriented society" Wuhan city circle in the administration building as an example of empirical analysis, reflect the perspective from the Law the role of administrative affairs. Focusing on the perspective of economic law on the perfect path of openness in government affairs to make a few suggestions. From the economic legislation such as the establishment of the principle of administrative affairs, the economy, such as law enforcement to maintain social and public interests, rights, remedies such as the establishment of information for the Protection of the interests of market players. With a view to the perspective from the more open to the public on the Chief, making the system more perfect, and to promote social development.

【关键词】 行政信息公开行政信息公开立法比较
【Key words】 Chief publicEconomic outlookResearch
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