Study On Government Information Disclosure Administrative Litigation

Since"The Government Information Public Rule" was implemented on May 1, 2008, related cases have been increasing gradually, and people give much attention to them. Campared to the traditional administrative proceedings cases, the government information public administrative proceedings cases were a new type of lawsuits, and acceptance, trying, decision of these lawsuits break the theory of the tradition administrative proceedings. With regards to it, stipulation for "Rule" and related legislations was not detailed. Because the government information disclosure system was still in initial phase, and theories of related lawsuits are not mature, so the public information suffers the lawsuit dilemma repeatedly in practice, the information public administrative proceedings have not been able to achieve "boost" function that people expected.My thesis conducts some studies on important questions of accepts, trying, decision of the government information public administrative proceedings. In the acceptance stage, the thesis discussed selective questions between lawsuits and reconsideration from the aspects of Administrative relative person, and analyze the defining questions of the public information lawsuit litigant and document scope from the aspect of lawsuits's benefit. In the trying stage, burden of proof were classified, and it makes a discuss on how to make the judicature recognization on exceptional information. In the decision stage, the thesis tidies up the inheritance of traditional decision way for the information public lawsuit, and it tries to explore new way of decision. The aim of the thesis is that it makes studies on above questions, permeates empirical analysis on related lawsuits, and makes a reference on mature foreign theories and regulations, in order to help developing government information disclosure system and enrich the administrative s theory.