A Study On The Litigation Of Government Information Publicity In China

With the continuous development of the socialist market economy, Mankind has entered the information age, Information and information technology revolution has swept the world,Information on economic and social development plays an increasingly important role.Information from the government in terms of specific content, including house demolition, civil service recruitment,administrative penalties, administrative divisions, food, medicines and other information, which are related to the citizens, individuals, organizations and even national interests.From a legal perspective, the law gives the right to information is also a subject of legitimate rights, government information disclosure is undoubtedly safeguard the legitimate rights and interests of social subject an effective way to maximize the political status of the people are the masters.At the same time, the government information disclosure system for public oversight of government work provides a good platform to some extent, can be considered to promote administrative organs according to law Forced mechanism.Therefore, the effective functioning of government information disclosure system is critical to the "sunshine government" and it conforms the trend of building a socialist harmonious society."Regulations on Open Government Information","Civil Service Law","State Department Implementation Outline for comprehensively promoting administration according to law," the introduction of the "Administrative Punishment Law,"the government information disclosure system to be initially established, it has taken an important step in the democratic history of the building.However, in judicial practice among the citizens’right to information has not been effectively protected, the information disclosure system can not achieve a unified legal and social effects of shaking the judicial authority.Since the start of China’s government information disclosure system of late, after entering the proceedings, the party faced qualifications, the trial judgment, by the scope of the case, the applicable procedures and other issues.This paper begins with a general theory of government information disclosure system to start, on the whole FOI litigation to understand, in this process, and its exceptions for government information is the key to define the scope of government information disclosure explore litigation system."Regulations" state secrets, commercial secrets, personal privacy has made provisions for the protection of information, but in practice, we must follow the Administrative Procedure Law accepted the principle of proportionality, that is, between personal interests and the public interest be considered, not blindly protect personal interests.Also, through specific questions about the existence of information disclosure system to sort out, and the extraterritorial system such as the United Kingdom,the United States, Japan and other countries in a comparative analysis of typical, although the force has been modest,to our existing FOI litigation raised a few point improvement advice.