试论“知情权”的几个疑难问题

Several Problems of “Right to Know”

“知情权”是民主与法治发展的产物,其地位越来越重要,但我国的法律制度对“知情权”却存在着规范供给缺乏、理论支持乏力的重大缺陷。文章试对传统“知情权”的概念进行重组,并提出知情权和知政权两项宪法性权利。进而,从知情权和知政权与隐私权冲突的角度进一步讨论,相应的提出解决冲突的原则、办法以及有关立法建议。

The right to know” is the fruit from development of democracy, which becomes more and more important. But there is seriously lack of legal norms about the right in the present legal system, as well as theoretical support. This article tries to reorganize the traditional conception of “the right to know”, and presents two constitutional rights: the right to know and the right to know administration. Furthermore, by discussing the conflicts between the right to know and the right of privacy, solutions are proposed including principle and legislation.