Research On The Evidence System Of Government Information Disclosure Litigation

The government information disclosure litigation is an empirical study,haspractical significance.This paper mainly discusses the government information disclosure litigation evidence system of our country,this one has many gaps in the government information disclosure litigation,including the burden of proof,standard of proof and proof methods,these are still not perfect and vulnerability,other general and administrative litigation evidence system in this paper and some provisions are no longer here,we only discuss compared with the United States government information disclosure litigation,the lack of special evidence system.In addition,this paper mainly through the understanding of the United States government information disclosure litigation,introduces some of the advantages of the evidence system,hope the evidence system of government information disclosure litigation in perfect help.This paper will be divided into three parts:preface,main content and conclusion.The first part is to solve the problems ought to be,mainly discusses the government information disclosure litigation evidence system overview.Firstly,the basic theory of government information disclosure litigation.It mainly discusses the evidence system includes three aspects,the burden of proof,standard of proof and proof,they were on the concept and role are described in detail.Second.The characteristics of government information disclosure litigation evidence system:the burden of proof and confidentiality and strong professional.In third,the basic requirements of government information disclosure litigation evidence system:the burden of proof is the basic requirements of burden of proof,standard of proof should be consistent with the government information disclosure litigation and administrative litigation,the paper introduces two kinds of concrete the specific standard,namely the preponderance of probability standard and beyond reasonable doubt standard.By the analysis of the government information disclosure litigation evidence system of Science The research of the status quo and problems of the government information disclosure litigation evidence system analysis to pave the way.The second part is the positive law.This part will elaborate analysis of the current situation and problems of government information disclosure litigation evidence system of our country.Problems including the current situation of government information disclosure litigation evidence system of our country and our country government information disclosure litigation evidence system:first,the status of China's Government information disclosure litigation evidence system in this paper.Through the list of provisions about the burden of our government information disclosure regulations,detailed analysis of the burden of proof of the original defendant.Second,analysis of the deficiencies of China's government information disclosure litigation evidence system,but also from the three aspects:one one analyze the shortage of the burden of proof in the first classified information that includes state secrets.Business secrets and personal privacy in the burden of proof responsibility,the administrative organ for confirmation letter issued by the completion of the burden of proof is not standardized;in the second is three The problem of the burden of proof,the original defendant for information that the correlation between out of dilemma;the burden of proof on the last information does not exist,the original defendant that will fall into difficult to prove the problem of information exists,China has yet to allocate the burden of proof information does not exist.In the standard of proof of China's relevant laws only a general provisions of administrative litigation standards do not distinguish processing.In our method,but the burden of proof of the defendant as the legal reason to not open to prove?Our law has not stipulated.This part tries to analyze the status quo and problems of China's Government information disclosure litigation evidence system the root of the problem,the system of government information disclosure of evidence in our country is not perfect,can learn from the American system,this is the third part of the article the foreshadowing,part of the third prominent The necessity of the government information disclosure litigation evidence system.The third part introduces the system of government information disclosure.This part is mainly from the burden of proof,evidence and proof methods.The standard of proof method is especially introduced in more detail,including the pledge system,Vaughan index system,also introduced a system of Secret Review between referral review system and evidence system three.This system is also the freedom of information litigation three pillar program.More common is the pledge system,followed by the Vaughan index system,and finally the court finally and not for the system.The three is the administrative authorities refused to disclose the legal exemption certificate method,to our country administration if the authorities refuse to open secret information,how to complete the burden of proof is of great help.In addition,this chapter also discusses about the commercial secrets,personal privacy judgment method for our country on business.The concept of secret and personal privacy is fuzzy,in the absence of relevant laws,it is necessary to draw lessons from the method is very necessary.The fourth part to improve our government information disclosure litigation evidence system,is the core part of this paper.By the analysis of the third part of the study revealed that the U.S.federal court those exempted public documents is how to use the burden of proof in the evidence in the judicial review,the standard of proof and proof method,which can be reference for the government information disclosure litigation evidence system of our country,but also specifically from three aspects one one the principle of segmentation finally analysis information.The fifth part is the conclusion.The author of this thesis to the value and the summary of this article.