Our Government Information Disclosure Litigation Plaintiffs Qualification

The realization of citizens’rights needs institutional guarantee. Right to know is one of citizens’fundamental rights. In order to maintain and guarantee citizens’right to know better on the system level, the State Council issued Regulation of the People’s Republic of China on the Disclosure of Government Information in2008,(hereinafter referred to as Regulation), and supreme people’s court issued The supreme people’s court’s provision on some issues of the government information publicity of administrative cases(hereinafter referred to as Provision). This regulation and the provision means it admits part of citizens’right to know in legal way. Meanwhile, to ensure the realization of citizens’right to know, they also provide a remedy approach, which is citizens、legal person and other organization can institute government information publicity litigation. The eligibility of the plaintiff qualification is a precondition for the mentioned different kinds of government information publicity litigation to proceed successfully. However, because china’s shorter period in government information publicity litigation, the regulation and the provision have ambiguity in government information publicity’s plaintiff qualification. Besides, they fall behind The Administrative Procedure Law of the People’s Republic of China in the content of plaintiff qualification (hereinafter referred to as The Administrative Procedure Law), which makes a lot of difficulties from "information publicity litigation" and anti information publicity litigation" in practice. Complexity and particularity of these two types of Litigation "public information actions". and "anti-information disclosure litigation" cases, making government information public litigation plaintiff qualification finds the existence of different standards, finds that confusion, a lot of government information disclosure lawsuit because the plaintiff disqualification was excluded from the proceedings, the administrative relative person’s right to know and their legitimate rights and interests can not be truly protected.This paper’s primary structure includes introduction, four parts of content and conclusion. The first part introduces the general theory of government information publicity’s plaintiff qualification, which includes the concept of government information publicity lawsuit, its features and some recognition rules and related provision of government information publicity’s plaintiff qualification.The second part is mainly about the problems and reasons of recognition of government information publicity’s plaintiff qualification. The key point is the ambiguity in the standard concept about plaintiff qualification and the increasing number of excess litigation. The main three reasons for this is complex, such as the law falls behind regulation, absence of public interest litigation system, government, untyped government information publicity litigation and the ambiguity in definition of legal concept.The third part states that recognition rules and related provision of government information publicity’s plaintiff qualification in foreign law, which includes the development and related provision of government information publicity’s plaintiff qualification in common law system and civil law system. These representative countries are Britain, American, Germany and Japan.The fourth part discusses the Perfection of Government Information Disclosure Litigation finds the idea, first complete the three types of government information disclosure Litigation identified; secondly to refine the concept of open government information related litigation plaintiff qualification involved.