公民网络监督的法律规制
发布时间：2019-03-09 12:15
【摘要】：公民网络监督是广大公众借助网络这一传播媒体获取信息、发表言论、表达意见,对公共权力的行使者以及对权力行使过程和结果进行监督检查的行为,本质上是人民监督的一种具体形式,是信息时代人民监督的新体现,具有广泛性、自主性、真实充分性和及时互动性。作为公民监督方式的一种,对扩大公民的政治参与,强化监督手段,制约国家权力、防止权力腐败以及维护公民权益,或促进社会和谐具有非常重要的现实意义。 公民网络监督已经取得一定的积极成果,平等公开的监督环境正在逐渐形成,并由此开辟了电子民主的新渠道,在民主生活中显示出巨大的影响力。然而公民网络监督也同时存在诸多问题,如公民网络监督权利缺乏应有的保护,权利行使形式化,增加司法活动的复杂性,而且容易形成网络暴力,意见具有片面性。究其原因,这是由于我国关于公民网络监督的理论研究滞后,相关法律法规以及制度保障不完善,缺乏有效的救济途径。 加强网络监督的法律规制,应当在理论建设的基础上确立基本原则,处理好与名誉权、隐私权、国家秘密和司法独立等之间的关系,完善信息公开、反馈、监督奖励制度以及责任追究制,推动公民监督意识的培养,促进宪法诉讼化。通过这些方式,实现对网络监督的有效保障和规范。
[Abstract]:Citizen network supervision is the behavior of the general public to obtain information, to express opinions, to exercise public power, and to supervise and inspect the process and results of the exercise of power by the general public through the use of the Internet as a medium of communication. Essentially, it is a concrete form of people's supervision and a new embodiment of people's supervision in the information age. It has the characteristics of extensiveness, autonomy, real adequacy and timely interaction. As one of the modes of citizen supervision, it is of great practical significance to expand citizens' political participation, strengthen supervision means, restrict state power, prevent power corruption and safeguard citizens' rights and interests, or promote social harmony. Citizen network supervision has achieved some positive results, the equal and open supervision environment is gradually formed, and thus opened up a new channel of electronic democracy, showing great influence in the democratic life. However, citizen network supervision also has many problems at the same time, such as lack of due protection of citizen network supervision rights, formalization of the exercise of rights, increase the complexity of judicial activities, and easy to form network violence, opinions have one-sidedness. The reason is that the theoretical research on citizen network supervision in our country lags behind, the relevant laws and regulations and the system guarantee are not perfect, and there is no effective remedy way. To strengthen the legal regulation of network supervision, we should establish the basic principles on the basis of theoretical construction, deal with the relationship with reputation rights, privacy rights, state secrets and judicial independence, perfect information disclosure, feedback, and so on. Supervision and reward system and accountability system promote the cultivation of citizens' supervision consciousness and promote constitutional litigation. Through these ways, the effective guarantee and standardization of network supervision can be realized.
【学位授予单位】：南京航空航天大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D920.4
本文编号：2437441
[Abstract]:Citizen network supervision is the behavior of the general public to obtain information, to express opinions, to exercise public power, and to supervise and inspect the process and results of the exercise of power by the general public through the use of the Internet as a medium of communication. Essentially, it is a concrete form of people's supervision and a new embodiment of people's supervision in the information age. It has the characteristics of extensiveness, autonomy, real adequacy and timely interaction. As one of the modes of citizen supervision, it is of great practical significance to expand citizens' political participation, strengthen supervision means, restrict state power, prevent power corruption and safeguard citizens' rights and interests, or promote social harmony. Citizen network supervision has achieved some positive results, the equal and open supervision environment is gradually formed, and thus opened up a new channel of electronic democracy, showing great influence in the democratic life. However, citizen network supervision also has many problems at the same time, such as lack of due protection of citizen network supervision rights, formalization of the exercise of rights, increase the complexity of judicial activities, and easy to form network violence, opinions have one-sidedness. The reason is that the theoretical research on citizen network supervision in our country lags behind, the relevant laws and regulations and the system guarantee are not perfect, and there is no effective remedy way. To strengthen the legal regulation of network supervision, we should establish the basic principles on the basis of theoretical construction, deal with the relationship with reputation rights, privacy rights, state secrets and judicial independence, perfect information disclosure, feedback, and so on. Supervision and reward system and accountability system promote the cultivation of citizens' supervision consciousness and promote constitutional litigation. Through these ways, the effective guarantee and standardization of network supervision can be realized.
【学位授予单位】：南京航空航天大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D920.4
【引证文献】
相关硕士学位论文 前1条
1 段静;当前我国网络政治监督存在的主要问题及对策研究[D];湖南师范大学;2013年
，本文编号：2437441
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