A Study on the Legal System of the Freedom of Government Information

• Main Authors: Ssu-Miao Lin, 林思妙
• Other Authors: Shuai-Lian Deng
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/51876980434336047878

碩士 === 國立中山大學 === 政治學研究所 === 101 === "The right to know" is the basic right of the citizens in the democratic countries and information disclosure is an important way to show the government’s responsibility for the people. Conforming to the trends, all the countries in the world start to legislate related laws and our country respond by making the Freedom of Government Information Law. However, it seems to remain only a symbol for the negligent mistake of legislating. For example, the Paragraph 1 of Article 18 of the law, which is about the restrictions to open the information, is too abstract. It not only causes the difficulties of the authorities to execute the law, but also infringes the right to know of the people. This kind of law really damages the development of our democracy and legislation. Thus, this research found that the current Freedom of Government Information Law is not suitable for the needs of transparency and openness of our society. It is necessary to re-enact the Freedom of Government Information Law. The main research method of this study is five major frameworks of administrative law, which are Basic Principle, Administrative Organization, Administrative Authority, Administrative Remedy and Administrative Supervision. The study also adopts both literature review and historical induction methods. For the purpose of protecting the right to know of the people, the author reviews the Freedom of Government Information Law and the status of our society, suggesting that the current law can be re-enacted and perfected.