On The Litigation Of Open Government Information

The empirical studies of open government information litigation are of value ofpractice. Relative theory foundations are necessary for the reason of system and long-termvalue. Based on these, this dissertation integrates theory and practice.This dissertation can be divided into two parts, the first part focuses on the basictheories of open government information litigation. After a through study on differenttheories, this dissertation provides a clear view of this subject with author's ownperspective.Chapter one examines the legal status of open government information litigation. Itdefines open government information litigation and open government information andreveals their relations, then analyzes the system position of open government informationlitigation. This reveals the legal value of open government information litigation.Chapter two focuses on the basic issues of open government information litigationextinguishments. This dissertation defines this problem then runs a through study andsummarizes its composition. In addition, it discusses its classification.Chapter three interprets the different issues especially the legal mechanism of opengovernment information litigation, covering litigation principles, jurisdiction, qualificationof plaintiff, evidence rules, etc. The analysis sorts out its legal mechanism and academicunderstandings.The second part proposes the construction of legal system of open governmentinformation litigation of China. Based on positive laws such as Regulations of the People'sRepublic of China on Open Government Information and Provisions of the SupremePeople's Court on Several Issues concerning the Trial of Administrative Cases about OpenGovernment Information, legal practice of courts and the theories discussed above, thisdissertation re-establish the main system of open government information litigation ofChinaChapter four evaluates the legal system of open government information litigation, onthe basis of comparative study of foreign theories, this dissertation emphasizes on the formation, characteristics and flaws of legal system of open government informationlitigation of China.Chapter five and six designs the legal system of open government informationlitigation of China and provides some improvement suggestions. For example, it traces thesource of the legal system of open government information litigation, and involves theapplication of legislation, formal judicial interpretation. Furthermore, on the foundation ofits principles, it proposes the open government information litigation, governed byprinciples of administrative litigation, shall be established its own principles. As forjurisdiction, it needs scientific grounds, exclusion clause and specifies the jurisdiction ofanti-information disclosure litigation. For rules of evidence, it proposes that the burden ofproof, evidence application rules shall be clear and definite. The trial mode of opengovernment information litigation involves the establishment of closed unilateralinspection and classification of judgments. These suggestions are of no small importancefor the improvement of the legal system of open government information litigation ofChina on the foundation of theories and practice.