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Diigo newsmarks 09/13/2012

九月 13, 2012
  • tags: x学术论文 1′ t统计数据 x新闻综述 s申请目的 d动机 x信息公开与民主 p批量申请测试

  • tags: d地方政府规章 s上海 english f法规评论

    • Following a trend set by the Guangzhou Provisions, the Shanghai Provisions also require the advance publication for comment of draft decisions, municipal rules and regulations and programs or plans that affect the major interests of Shanghai residents or have a major social influence.
    • The Shanghai government took the further step to publish concurrently with the final Provisions an explanation of the drafting process and the general categories of comments that had been received, as well as their disposition. This practice is similar to the so-called “notice and comment” procedure in the U.S. Administrative Procedure Act, which calls for an explanation to accompany all final rules that are subject to public notification and input. Such explanations serve to let the public know that their comments were received and considered, even if they were not ultimately incorporated in the final rule, thus enhancing the credibility of the process.
    • As a local government, Shanghai has to balance its license to venture into the relatively uncharted legal territory of information rights against the constraints of existing national law.
    • For the time being, Shanghainese are afforded only the traditional remedies of administrative punishment, complaint, administrative reconsideration, administrative litigation over concrete government action or inaction, and requests for compensation in the event a violation of the Provisions results in direct economic loss.
    • Administrative litigation is available under existing law only in cases of infringement of personal or property rights. Whether the Shanghai courts will accept cases involving new information rights that are not endorsed by a national law passed by the National People’s Congress, and how they will enforce the Shanghai Provisions, thus remain to be tested.
  • tags: x学术会议 y研究机构 y研究者

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