Research On The Problem Of The Plaintiff Qualification Of The Government Information Public Litigation

Against the background of running the country according to law and improving the legality of government work, in order to build a a law-based, service-oriented and sunshine government, the establishment and development of the government information public system has become an inevitable choice. The government information public system is based on theory of popular sovereignty, and it is set up to respect and safeguard the right to know. Where there is a right, there is a remedy, so all countries in the world, including China, invariably make the judicial relief as the last and the most effective remedy, and then a new type of litigation - Government Information public lawsuit is produced. The government Information public litigation is a benefit and objective litigation, and it's plaintiff qualification relate to whether the citizens, legal persons or other organizations can enter into the substantive proceedings of administrative litigation or not, so it is very important to the protection of the right to know. However, owing to the uncertainty of the administrative plaintiff qualification's standards themselves, the complexity of the types of cases on government information public, and the particularity of the problem of the plaintiff qualification of the government information public litigation, The plaintiff qualification of the government information public litigation has the problems of non-uniform standard and identified confusion. Based on the thinking protecting the right to know and realizing the value of the government information public litigation, under the premise of sortting out the problems about the plaintiff qualification of the administrative litigation, this paper analyses the problems about the plaintiff qualification of the government information public litigation, make the basic principles followed by the setting of the plaintiff qualification of the government information public litigation clear, and then comes up with the conditions to be followed by the plaintiff qualification of the government information public litigation and the different standards of the different types of cases.This paper consists of introduction, three main chapters and conclusion.The first chapter is mainly on the overview of the plaintiff qualification of the government information public litigation. First, this paper determines the concept and the characteristics of the government information public litigation, explains the meaning and the value of the plaintiff qualification of the government information public litigation, and then introduces the the historical changes of the plaintiff qualification of the administrative litigation. Next, it gives the thinking of the plaintiff qualification of the government information public litigation. Last, the author analyzes the"the regulations on government disclosure of information", and make the current situation of the rules about the plaintiff qualification of the government information public litigation out.The second chapter analyzes the problems of the plaintiff qualification of the government information public litigation and their causes. This chapter starts from cases, sums up the present main problems about the plaintiff qualification of the government information public litigation, analyzes the three reasons of the problems, and makes a foundation for the following parts to propose solutions.Based on the analysis of the previous two chapters, the third chapter proposes solutions to the problems of the plaintiff qualification of the government information public litigation. First, it notes the basic principles follewed by establishing the plaintiff qualification of the government information public litigation. Second, it dictates the qualifications of the plaintiff qualification of the government information public litigation. Finally, based on the "legal interest" standard, it puts forward specific types of standards for specific cases.