Research On The Scope Of The Government Information Public Litigation

The government information public litigation is the new administrative litigation in the context of welfare administrative. But the lawsuit development so far there are within the scope of legislative blank, the courts could not be in accordance with the legal rules of the scope. Although the conditions of that have matured, the scope doesn't be established. The reasons are that information public legal system has not yet completed, theory researches on the scope of the government information public litigation haven't been deep, judicial attitude and value orientation of the scope among the courts are different. However, the scope of the government information public litigation is a very important problem, which relates to plaintiff qualification, right of litigation and administration according to the law. So the scope of the government information public litigation urgently needs to be established.The scope of government information public litigation should break through the traditional protection of person and property rights, it should pay more attention to protecting the right to know. Meanwhile we should understand correctly the meaning of "specific administrative act", determine clearly the law of administrative litigation. In addition, judicial discretion should play a role on establishment of the scope. Above of all, those consist of theoretical basis about the establishment of the scope.To establish the scope of the government information public litigation should stick to moderate expansion standard."Lawful rights"should not be limited to person and property rights. Government information publicity behaviors which cause specific impact to counterpart should be incorporated into the scope, public behaviors according to application should not receive "three needs" limit, information acquisition modes which don't conform to the application requirements can be filed a lawsuit. The court should review the authenticity and adequacy of the information. Fee dispute can be filed under limit of the administrative remedy lawsuit. On the other hand, government initiative information behaviors which can not cause specific impact to counterpart should be excluded of the scope, and repeat processing behaviors on the same application should also be excluded of the scope.Combined with comments on the supreme people's court"Concerning the Adjudication of Government Information Public Administrative Cases of Some Issues Regulations"(Drafts), the author proposes legislation suggestions, in order to establish the scope of the government information public litigation and protect more lawful rights.