On Definition and Right's Type of the Right to Exposure
WU Jia-qin
Abstract
WU Jia-qin
Abstract
As to the definition of the to exposure,firstly,it's essentially to distinguish the to exposure from the concept of whistleblowing,because the to exposure is an important constitutional right. Secondly,it is necessary to analyze the differences between the to exposure in China and whistleblowers' in foreign legal system,so as to clarify the uniqueness of the concept of to exposure in China. The debate on the right's type of the to exposure is mainly the contention between right of petitionand right of supervision.Considering the concept,content and rank of the right,or considering the historical development of the rights,the basic rights,including the whistleblowing right,provided in Article 41 of China's Constitution should not be defined as the of petition. The concept of right of supervisionreflects more accurately the historical evolution and purpose of article 41 of China's Constitution,and helps disclose the reason why it set forth these six rights in China's Constitution.
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As to the definition of the to exposure,firstly,it's essentially to distinguish the to exposure from the concept of whistleblowing,because the to exposure is an important constitutional right. Secondly,it is necessary to analyze the differences between the to exposure in China and whistleblowers' in foreign legal system,so as to clarify the uniqueness of the concept of to exposure in China. The debate on the right's type of the to exposure is mainly the contention between right of petitionand right of supervision.Considering the concept,content and rank of the right,or considering the historical development of the rights,the basic rights,including the whistleblowing right,provided in Article 41 of China's Constitution should not be defined as the of petition. The concept of right of supervisionreflects more accurately the historical evolution and purpose of article 41 of China's Constitution,and helps disclose the reason why it set forth these six rights in China's Constitution.
Key concepts: Constitution, China, Constitutional right, Law, Political science, Right to know, Uniqueness, Set (abstract data type)