The Research Of Government Information Administrative Proceedings

The "Regulations on Open Government Information" implemented from May 1,2008, aroused widespread attention. Because violation of the rights, many citizens have chosen to seek judicial relief to the people's court, which produced a new type of administrative litigation -- Government Information administrative proceedings. However, many cases can not be successfully supported by the court. Reason is that government information is different from the traditional administrative proceedings. Many of these issues can not be resolved by existing law. In view of this, the Supreme People's Court promulgated "several provisions about Government Information administrative proceedings (draft)"in the end of 2009. The "draft" provides the Scope, the plaintiff qualification, non-public information that the scope and principles of proof and other issues to solve the practical problems. But there are many deficiencies of these provisions, which need to be improved.The author is very concerned about Government Information administrative proceedings and think about it,especially on the Scope, the plaintiff qualified, non-public information that the scope and rules of evidence and other issues. Finally, I presented my views. The main contents are as follows:Chapter 1, there are a few typical cases about Government Information administrative proceedings, which is the main issues of this paper to discussed. Chapter 2 introduces the elements of Government Information administrative proceedings. It describes the background and significance of the establishment. Combined with "draft", the scope of the case, the plaintiff qualifications, rules of evidence and other several important principles are described. Chapter 3 analyzes several major issues of the Government Information administrative proceedings. Chapter 4 is a key part of the paper. Based on the preceding analysis, the authors make my own legislative proposals. Include:clear the legal characteristics of information should be open to the public, reduce restrictions on the plaintiff qualified, clear the conception of "state secrets" and "trade secrets",to of the government to expand the scope of accepting cases, to reduce restrictions on the plaintiffs qualifications, and establish reasonable principles of proof.