Research On Compensation For Infringement Damage Of Government Information Disclosure

In the real society, along with the development of the market economy and network technology, information becomes an important part of the political, economic, social and cultural lives. How to promote the circulation of information so as to maximize its efficiency has become the key issue of modern democratic society. Among all of the information resources, the government information account for a large proportion. As the owner of the government information, the government occupies many advantages in the political life. To some degree, the government information become the crucial factor to balance the public power and civil rights. Therefore, constructing the government information disclosure system has become an essential content for constructing a democratic country.The purpose of establishing the government information disclosure system is to " let the power run in the sun" and build a service-oriented government so as to guarantee citizens’right to know. On the one hand, in the case of an administrative organ, the disclosure of government information is a compulsory obligation imposed by law. This obligation requires administrative authority publish the information that is closely related to the public and citizens within a reasonable period of time, aiming at supervising the administration and creating honest atmosphere. On the other hand, for citizens, requiring the government to publish the information is a legal right conferred by law, which provides channels for them to obtain the information associated with their personal issues or social affairs, thus ensuring the citizens’right to know, motivating their passion to participate in political lives and supervising the government’s behaviors. Given that citizens have the right to get their information, there should be corresponding legal protections to guarantee the implementation of rights and offer relief when rights are harmed.In recent years, there are some cases in which citizens’legal rights have been damaged due to infringement of the government information disclosure. The relevant parties also appeal to the court and the relevant administrative reconsideration and the administrative lawsuits are not in the minority. As mentioned above, the disclosure of government information is a compulsive obligation. If the government infringes upon the legal rights and interests of the other party when performing duties, it should take the consequences and pay for the loss. In addition to the cases that government should have published the information that should be put in public and postpone the execution of obligations, there may be some occasions that the civil subject infringe upon and cause damages to the other party while administrative organs violate the law. At this very moment, how to allocate the responsibilities between the administrative organs and civil subjects and how to choose the optimal method to obtain relief has become issues that are worthy to be analyzed.Based on this background, this paper tries to find the relevant cases in practice. Referring to relevant administrative laws and regulations, this paper will summarize the government information disclosure infringement cases, discuss the problems mentioned above and put forward its own point of view. What should be pointed out is that the paper is not intended to list all the infringement cases of the government information disclosure. Also, it is impossible to come up with the perfect solution for solving compensation problems. But this paper will specialize in combining the theories and practices, summarizing three kinds of the government information disclosure infringement cases, and selecting representative questions to discuss, so as to render some useful proposals to the construction of the government information disclosure system.