The Public's Right To Know Judicial Relief

Although there is no provisions on the right to know in China's current legislation, this kind of spirit has been included in Constitution,laws and regulations. Realization of the right depends on not only the law but also relief. Judicial relief is the ultimate protection. After information disclosure ordinance took effect, a large number of administrative cases occurred in the country but little effect. This new kind of lawsuit has many features and must be regulated in particular in registering, parties,proving,jurisdiction,retroactive and so on.To improve the system, firstly, our country should clear the right to know, secondly, regulation the characteristics, finally do all kinds of supervision.Take this idea as a clue,the paper is divided into four parts.The first part,outline of judicial relief of the right to know. This section introduce the basic theory; open voluntary and open in accordance with application are two ways; judicial relief is a final protective,administrative litigation of the right to know is the normal way.The second part,current situation of administrative litigation of the right to know and the reason. Three typical cases have individual issues and this type of administrative suits have common drawbacks.The third part,special regulations of administrative litigation of the right to know. The aspect of placed on file, the right to know is the basis. The aspect of parties, if the administration is unwilling to open public information, plaintiff entitled to be limited. The aspect of evidence,the defendant needs to prove state secrets,plaintiff needs to prove the conditions. The aspect of Trial method, there is an important contradiction.What's more, the principle of plaintiff to the defendant makes the court's workload imbalance. And ordinance bind information does not depend on the information, depends on the behavior.The fourth part,perfect measures of administrative litigation of the right to know. First of all, clearly defined the right to know in law,secondly, construct the new rules of this new lawsuit,and finally,strengthen supervision.