政务微博、公众参与及其法治路径

Government Affairs Micro-blog, Public Participation and the Path of Law

政务微博基于平等、便利、开放等网络特征,有利于民意的表达与接收,体现了社会民主发展的良好趋势。而作为一种特殊的行政形式,政务微博的相关行为是出于行政主体促进效能、服务公益的积极意识。应当将其理性定位为公众参与的政治平台,减少义务约束,倡导有序发展;在此基础上,可以要求政务微博承担以公信力为基础的谨慎义务,并通过信息行为之诉来保障公民的基本权利救济。

Based on network characteristics such as equality, convenience, openness and so on, government affairs micro-blog is beneficial to express and receive public opinions, which reflects the well trend of the social democratic development. As a special administrative form, the relevant behaviors of government affairs micro-blog aims to the positive consciousness of the subject of administrative promoting efficiency and serving public benefit. In order to reduce the obligation constraints and promote orderly development, we should treat government affairs micro-blog as a political platform which opens for the public. Besides, government affairs micro-blog should undertake the duty of care which is based on public trust, and guarantee the relief of the basic rights of citizens through information behaviors.