Range Of Government Information Public Administrative Proceedings Study

"The Regulation of the People's Republic of China on the Disclosure of Government Information"implementing indicates that Chinese government information disclosure from the local throughout the country, at the same time the government information disclosure of the cases continued to increase, with the attendant problems relating to litigation practice surfaced. On Nov. 2, 2009, the Supreme Court announced for"Chief Government Information on the hearing of cases the provisions of a number of issues (Draft)". The paper is summed up the current legislation of government information disclosure, and reference information on foreign public law remedies of administrative experience and advanced Chinese scholars on the basis of the relevant point of view with administrative law, administrative procedure law principle, the author do a study on"draft"open government information mentioned in the scope of administrative proceedings and other related issues.This thesis is composed by the introduction, text and concluding remarks, in which the text is divided into four chapters.In Introduction part, the author introduces basic theory and the law about the scope of administrative litigation, and describes the research background of the article briefly. The author takes the view of the three elements which the scope of administrative litigation. The text of this article reflects theoretically government information disclosure scope of administrative litigation based on this view.In the first chapter of text, the author analyzes the connotation and extension of the impact of government information the scope of administrative litigation disclosure behavior to identify government information on the legal characteristics. The author clarifies the fact that the abstract connotation and extension of the executive legal acts and administrative acts, the specific administrative act administrative act to argue nature of the government information public actions.In the second chapter of text, the author analyzes against the legitimate interests of the impact of government information the scope of administrative litigation act. Firstly, the author demonstrates "legitimate interests" which the"regulations"to protect as the right to know through the principle of popular sovereignty. Secondly, the author analysis the legal text of the right to know the legal basis. Finally, the author analysis that the "legitimate interests" of the content and extension is not limited to personal rights and property rights in the perspective of judicial practice .In the third chapter of text, the author analyzes legitimate rights and interests of the impact of Government Information Publicity Lawsuit. The author analyzes the view of"a direct interest in relations"the perspective and on the abuse by case. The author analyzes Domestic and Foreign Legislation and proposed"interest"in Government Information Administrative Litigation is not limited to" direct interest ".In addition, the author analyzes briefly the other legal factors of the scope of administrative litigation affecting - the special provisions of other laws and regulations.In the fourth chapter of text, the author analyzes the idea of the scope and procedures of assessment in the legislative point of view and the first, the second for assessment of"draft", while make some a Suggestions about completing set of government information.In Concluding section, the paper defines government information disclosure of the Lawsuit to play some useful reference, but the article still exist some shortcomings, but also is problem in the "draft": for example, limited by the executive law perspective, the public awareness of democracy, rights protection is not for more in-depth research. I urgent need in the future to continue to open administrative proceedings on the scope of government information to do a more in-depth study and discussion.