山东海事局信息公开研究
发布时间：2019-03-02 09:57
【摘要】：政府与人民是当今国家构成的两极,权力和权利的界线此消彼长,其相互博弈的结果便构成了社会方方面面的千奇百态。信息,作为提供决策的有效数据,其80%被政府掌握。特别是到了信息化时代,信息的流动速度之快,传播范围之广,给经济发展和社会治理提出了新的挑战。民众迫切希望政府能够将其利用公权力掌握的信息还之于民；出于管理需要,政府会公布某些信息,但对涉及自身利益的信息则尽可能地拒绝提供。于是,民众的获知权或知情权与国家控制权进行了漫长的斗争,由此表现为关于政府信息公开方面立法的演化。 自1766年瑞典颁布第一部在宪法层面上保障公民知情权的《出版自由法》以来,美国、英国、德国、加拿大、日本、韩国等共80多个国家出台了政府信息公开方面的立法。中国有着悠久的权力行政文化,“官本位”思想根深蒂固,但是经济全球化浪潮席卷而来,特别是中国加入WTO,公开政府信息的诉求如滔滔黄河难以遏制。"SARS"期间中国政府消极公开信息造成了恶劣的影响和严重的后果,使得政府信息公开立法迫在眉睫。2007年1月17日,国务院第165次常委会通过了《中华人民共和国政府信息公开条例》,该条例于2008年5月1日起正式实施。 该条例的颁布在中国的政府信息公开历史上具有里程碑式的意义。但由于该条例立法上的缺陷,加之当前“权力本位意识”、“自利意识”和长久以来的保密文化较为浓重,民众的权利意识淡薄等等,我国的政府信息公开仅仅是政府系统自上而下的工作制度的一个变革,公开什么、怎么公开在实际操作中没有统一的明确要求,公开随意性大,公众的实际需求往往被忽视。 解决我国政府信息公开存在的问题,必须借鉴国外先进管理经验,运用公共管理理念和方法稳步推进。笔者以为：①考虑到我国的基本国情和政府体制改革所具有的阶段性,全盘化西方的信息公开模式,将会产生不稳定隐患。②政府信息公开必须依托并助推信息化建设,一方面不能以信息安全为由阻碍、否定公民的知情权,另一方面要加强政府部门信息化建设,以信息手段丰富政府信息公开方式。③加快政府信息公开配套立法进程,一方面要提高政府信息公开立法位阶,将保障公民知情权这一宪法性权利落到实处；另一方面要加快建立健全《隐私法》、《新闻法》和《出版法》等相关配套法律制度。 具体到山东海事局信息公开问题,本文通过对山东海事局近五年的信息公开工作年报进行分析,指出取得的成绩和存在的问题,在借鉴国内外政府信息公开经验的基础上,提出深入推进山东海事局信息公开的建议。①加强对政府信息公开工作的宣传和培训②尽快出台政府信息公开法及配套规范体系③设立政府信息公开专业化队伍④强化政府信息公开监督措施。
[Abstract]:The government and the people are the two poles of the country today. The boundary of power and right goes by and fades, and the result of the game between them constitutes an extraordinary state in every aspect of the society. Information, as effective data to provide decision-making, is 80% owned by the government. Especially in the information age, the rapid flow of information and the wide spread of information pose new challenges to economic development and social governance. The public is eager for the government to return the information it uses public power to the public; it will publish certain information for the sake of management, but refuses to provide as much information as possible about its own interests. As a result, the public's right to know and the right to know have a long struggle with the control of the state, which is reflected in the evolution of the legislation on the disclosure of government information. Since 1766, Sweden promulgated the first Freedom of the Press Act, which guarantees citizens' right to know on the constitutional level. More than 80 countries, such as the United States, Britain, Germany, Canada, Japan, Korea and so on, have enacted legislation on the disclosure of government information. China has a long-standing power administrative culture, the thought of "official standard" is deep-rooted, but the tide of economic globalization is coming, especially after China's entry into the WTO,. During the "SARS" period, the Chinese government's negative disclosure of information caused bad effects and serious consequences, making the government information disclosure legislation imminent. January 17, 2007, the Chinese government's negative disclosure of information has caused bad effects and serious consequences, making the government information disclosure legislation imminent. January 17, 2007. The 165th standing Committee of the State Council adopted the regulations of the people's Republic of China on Information Disclosure, which came into effect on May 1, 2008. The promulgation of the regulations has a landmark significance in the history of government information disclosure in China. However, due to the defects in the legislation of the regulations, together with the current "power-based consciousness", the "self-interest consciousness" and the long-standing culture of secrecy, the people's awareness of rights is weak, and so on. The disclosure of government information in our country is just a change in the top-down working system of the government system. The disclosure of what and how to make it public has no uniform and clear requirements in the practical operation. The public's actual demand is often ignored because of its large open arbitrariness. In order to solve the problems existing in the disclosure of government information in our country, we must draw lessons from the advanced management experience of foreign countries and make steady progress by using the concept and method of public management. The author thinks: (1) considering the basic national conditions of our country and the stage of government system reform, the whole western information disclosure mode will produce unstable hidden dangers. (2) the government information disclosure must rely on and promote the information construction. On the one hand, we should not obstruct and deny citizens' right to know because of information security. On the other hand, we should strengthen the informatization construction of government departments and enrich the way of government information disclosure by means of information. 3. Speed up the legislative process of government information disclosure. On the one hand, we should improve the legislative level of government information disclosure, and implement the constitutional right to know to protect citizens' right to know. On the other hand, it is necessary to speed up the establishment and improvement of the relevant supporting legal systems, such as Privacy Law, Press Law and Publishing Law. Specific to the issue of information disclosure of Shandong Maritime Bureau, this paper analyzes the annual report of Shandong Maritime Bureau in the past five years, points out the achievements and existing problems, and on the basis of drawing lessons from domestic and foreign government information disclosure experience, Put forward suggestions to promote the information disclosure of Shandong Maritime Bureau. 1 strengthen the publicity and training of government information disclosure work 2. Promulgate the government information disclosure law as soon as possible and set up a professional team of government information disclosure as soon as possible. (4) strengthen the measures of public supervision of government information.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D63
本文编号：2432940
[Abstract]:The government and the people are the two poles of the country today. The boundary of power and right goes by and fades, and the result of the game between them constitutes an extraordinary state in every aspect of the society. Information, as effective data to provide decision-making, is 80% owned by the government. Especially in the information age, the rapid flow of information and the wide spread of information pose new challenges to economic development and social governance. The public is eager for the government to return the information it uses public power to the public; it will publish certain information for the sake of management, but refuses to provide as much information as possible about its own interests. As a result, the public's right to know and the right to know have a long struggle with the control of the state, which is reflected in the evolution of the legislation on the disclosure of government information. Since 1766, Sweden promulgated the first Freedom of the Press Act, which guarantees citizens' right to know on the constitutional level. More than 80 countries, such as the United States, Britain, Germany, Canada, Japan, Korea and so on, have enacted legislation on the disclosure of government information. China has a long-standing power administrative culture, the thought of "official standard" is deep-rooted, but the tide of economic globalization is coming, especially after China's entry into the WTO,. During the "SARS" period, the Chinese government's negative disclosure of information caused bad effects and serious consequences, making the government information disclosure legislation imminent. January 17, 2007, the Chinese government's negative disclosure of information has caused bad effects and serious consequences, making the government information disclosure legislation imminent. January 17, 2007. The 165th standing Committee of the State Council adopted the regulations of the people's Republic of China on Information Disclosure, which came into effect on May 1, 2008. The promulgation of the regulations has a landmark significance in the history of government information disclosure in China. However, due to the defects in the legislation of the regulations, together with the current "power-based consciousness", the "self-interest consciousness" and the long-standing culture of secrecy, the people's awareness of rights is weak, and so on. The disclosure of government information in our country is just a change in the top-down working system of the government system. The disclosure of what and how to make it public has no uniform and clear requirements in the practical operation. The public's actual demand is often ignored because of its large open arbitrariness. In order to solve the problems existing in the disclosure of government information in our country, we must draw lessons from the advanced management experience of foreign countries and make steady progress by using the concept and method of public management. The author thinks: (1) considering the basic national conditions of our country and the stage of government system reform, the whole western information disclosure mode will produce unstable hidden dangers. (2) the government information disclosure must rely on and promote the information construction. On the one hand, we should not obstruct and deny citizens' right to know because of information security. On the other hand, we should strengthen the informatization construction of government departments and enrich the way of government information disclosure by means of information. 3. Speed up the legislative process of government information disclosure. On the one hand, we should improve the legislative level of government information disclosure, and implement the constitutional right to know to protect citizens' right to know. On the other hand, it is necessary to speed up the establishment and improvement of the relevant supporting legal systems, such as Privacy Law, Press Law and Publishing Law. Specific to the issue of information disclosure of Shandong Maritime Bureau, this paper analyzes the annual report of Shandong Maritime Bureau in the past five years, points out the achievements and existing problems, and on the basis of drawing lessons from domestic and foreign government information disclosure experience, Put forward suggestions to promote the information disclosure of Shandong Maritime Bureau. 1 strengthen the publicity and training of government information disclosure work 2. Promulgate the government information disclosure law as soon as possible and set up a professional team of government information disclosure as soon as possible. (4) strengthen the measures of public supervision of government information.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D63
【参考文献】
相关期刊论文 前7条
1 周汉华;起草《政府信息公开条例》(专家建议稿)的基本考虑[J];法学研究;2002年06期
2 胡锦光;王书成;;美国信息公开推定原则及方法启示[J];南京大学学报(哲学.人文科学.社会科学版);2009年06期
3 邓宇;邓非;邓海;费悦心;;信息定义的标准化[J];医学信息;2006年07期
4 张文显,黄文艺;理论创新是法学的第一要务——十六大与法学理论创新[J];中国法学;2003年02期
5 张磊;;《政府信息公开条例》与推进我国政府信息公开[J];郑州大学学报(哲学社会科学版);2007年05期
6 应松年;;转变职能 创新机制 推进政府信息公开[J];中国行政管理;2012年08期
7 李艳;;浅谈当前海事政务公开工作面临的主要问题及对策[J];中国水运(下半月);2010年07期
，本文编号：2432940
本文链接：https://www.wllwen.com/guanlilunwen/gonggongguanlilunwen/2432940.html
